산지관리법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the owner of Cheongyang-gun C forest land in Cheongyang-gun.
A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.
Nevertheless, from January 2015 to March 13, 2015, the Defendant laid underground drainage pipes and irrigation pipes without obtaining permission to convert mountainous districts in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and damaged forests of approximately KRW 57,760,460 square meters for restoration costs and diverted to convert mountainous districts.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on results, a survey report on actual conditions, a location map of damaged areas, and a report on each investigation;
1. Application of Acts and subordinate statutes governing forest register, on-site photographs, aerial photographys and field photographs exclusively used for mountainous districts;
1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant is obliged to commit the instant crime at the same time during the suspension period of execution of the crime of violating the Building Act.
However, considering the fact that the defendant is led to confession and reflects, and that the damaged mountainous district has been restored.
In this context, considering various circumstances such as the defendant's age, sex, circumstances of the crime, and circumstances after the crime, the punishment is determined as ordered.