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(영문) 대구지방법원 상주지원 2019.01.29 2018고단264
산지관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of seven million won for Defendant B.

except that this judgment.

Reasons

Punishment of the crime

1. Where a person intends to divert a mountainous district, he/she shall obtain permission from the Minister of the Korea Forest Service, etc.;

Nevertheless, around April 2017, the Defendant, without obtaining permission from the Minister of the Korea Forest Service, diverted trees to mountainous districts in a size of 7,943 square meters and 1,357 square meters of preserved mountainous districts and quasi-preserved mountainous districts, which are located in three lots outside C, and converted the use of mountainous districts to store stone embankments and make stone drained.

2. Defendant B, who is an employee of the Defendant, committed the same violation as described in paragraph (1) in relation to the Defendant’s business at the time and place described in paragraph (1).

Summary of Evidence

1. The legal statement of the defendant A and the defendant B representative director D

1. Examination protocol of Defendant A by the prosecution;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A fact-finding survey report, a location map of damaged areas, a survey map of damaged areas, a report on the calculation of expenses for forest recovery, an average slope survey report for the calculation of expenses for the restoration of mountainous district for the year 2018, a land use plan confirmation center, a forest land register, a forestry map, and a drilling report;

1. Copy of the register or certified transcript of register;

1. Each investigation report (No. 16,18, and 19 No. 19 of the evidence list);

1. Application of each on-site photograph and airline statute;

1. Article 53 subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (Selection of Imprisonment): Defendant B: Article 56 and Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1);

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (The following consideration shall be given in favor of the reasons for sentencing);

1. The area of the mountainous district converted to the exclusive use without obtaining permission for the sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.) is reasonable.

considerable parts were preserved as preserved mountainous districts.

When looking at the leased mountainous district photographs, the construction was carried out too far as the permission was obtained.

Even if the restoration has been completed, it is the original state.

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