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(영문) 전주지방법원 남원지원 2013.08.20 2013고단149
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from competent authorities.

From February 6, 2013 to August 8, 2013, the Defendant diverted the forest land of 4,200 square meters (the amount equivalent to KRW 43,577,940) using a clater to create the forest land owned by the Defendant as farmland, without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes to photographs of the current status of field investigation of forest damaged land (the investigative records No. 35 through 46 pages);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 201Do1148, Apr. 1, 201);

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