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(영문) 대구지방법원 상주지원 2014.10.28 2014고정166
산지관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Although a person who intends to convert a mountainous district intends to obtain permission from the competent authority for setting the purpose thereof, the Defendant, without obtaining permission on March 9, 2014, cut trees with a total of 930 square meters of B forest land, 30 square meters of C forest land, 963 square meters of D forest land, and 963 square meters of land among D forest land, and converted the use of a mountainous district without permission.

Summary of Evidence

1. The defendant's partial statement (the statement that the land category was cultivated as dry field for not less than 37 years, although the land category was forest land, and that it was flating the soil with equipment due to the impossibility of putting the compost back up);

1. Statement of the second police interrogation protocol against the accused in part (see, e.g., Articles 93 through 95 of the investigation record);

1. Statement to E by the police;

1. The actual condition survey report;

1. Investigation report (report on the statement in the form of damaged area by equipment engineer E);

1. Investigation report (report on the statement of the village resident F);

1. An investigation report (a report filed by G) (a report submitted by a reporter G);

1. Investigation report (the H village head I's statement report);

1. A criminal investigation report (a statement report by theJJ);

1. Investigation report (the statement report of K, the former owner of the BB);

1. Investigation report (report on the results of examination of satellite photographs);

1. Application of each Act and subordinate statute attached to the first police interrogation protocol against the defendant (investigative record No. 54, 55 pages);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. In light of various circumstances favorable to the defendant, the sentence of the defendant shall be suspended, considering the following: Article 59(1) of the Criminal Act (the punishment to be suspended: fine of KRW 2 million; detention in a workhouse: KRW 100,000 per day; and circumstances favorable to the reasons for sentencing as below) has no history of criminal punishment against the defendant; and the fact that the defendant restored the diverted mountainous district without considering the circumstances leading to the occurrence of the case, and that the defendant restored the diverted mountainous district without considering the circumstances leading to the occurrence of the case.

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