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(영문) 의정부지방법원 2017.08.02 2017고단2548
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority around April 2017, developed a total of 1,172 square meters of a mountainous district and formed access roads by using a drilling machine to grow agricultural crops in Gangwon Hawon-gun B, C, and D.

Accordingly, the Defendant diverted mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of a fact-finding survey report, a location map of forest damaged areas, a survey map of forests damaged areas, a photo of forests damaged areas, a survey report (verification of forest damaged areas twice), a survey report, a survey ledger of each forest and field, a survey report (verification of quasi-preserved mountainous districts, mountainous districts for forestry use), a data output of land use regulation information service, and the application of video-related Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Taking into account the following factors: (a) the Defendant’s reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is against the Defendant’s confession of the crime; (b) the Defendant has no criminal record for the same kind of crime; and (c) the restoration of the converted mountainous district to its original state.

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