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(영문) 춘천지방법원 영월지원 2016.05.13 2015고단529
산지관리법위반등
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

The Defendant is the owner of land 2,751 square meters in total in Gangwon-gu B, C, D, and E 4.

1. Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the competent authority;

Nevertheless, from early May 2015 to June 2015, the Defendant cut standing timber on land of 2,751 square meters in Gangwon-gun, C, D, and E 4, which was located in Gangwon-do, without permission from the competent authorities, and performed development activities, such as stockpiling the land by using scrafs, and piling a stone shed at a height of 2 to 10 meters, which is a structure.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree;

Nevertheless, the Defendant cut standing timber for the purpose of creating farmland in the area of 2,751 square meters located in the 2,751 square meters of land in the city, Seowon-si, Seowon-si, Seowon-si, C, D, and E 4 lots, and state forests located in the vicinity, which are located in the 2,751 square meters of land in the city, the Defendant converted the use of mountainous districts, such as cutting down standing timber for the purpose of creating farmland without the permission of the competent administrative agency, using spokes, and installing access roads at a height of 2 to 10 meters of the structure.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to G, H, I, J, K, and L;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 1 of the same Act concerning the facts constituting an offense; Articles 53 subparagraph 1 and 14 (1) of the Mountainous Districts Management Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who violates a mountainous district management with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act, the fact that the defendant recognized the instant crime and reflects it, the fact that there is no particular criminal record except for a fine once, and the age of the defendant.

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