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(영문) 대전지방법원 서산지원 2014.12.19 2014고단986
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

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and the same shall apply to any

Around September 12, 2012, the Defendant obtained permission to convert mountainous districts with respect to 9,937 square meters of forest land B, etc. in Seosan-si.

The Defendant, when intending to convert a mountainous district, such as reducing slopes by cutting earth and stone in a mountainous district outside the said area permitted to convert the mountainous district, he/she collected soil and stone in an amount equivalent to KRW 89,370, and KRW 45,564,00 for mountainous district restoration expenses, and converted the mountainous district into mountainous district for two days, without obtaining permission for the alteration of the mountainous district, on April 2013, by gathering soil and stone from the competent administrative agency, in which the additional expenses are anticipated to occur even though the permission for the alteration of the mountainous district was obtained, and 3,816 square meters in the aggregate of KRW 2,587 square meters of D forest, E-724 square meters, and 724 square meters in a total of 3,816 square meters of forest land, and converting it into mountainous district, without obtaining permission for alteration.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A copy of the official document regarding permission for development activities;

1. A copy of the standard contract for private construction works;

1. Public announcement and notification of the calculation of recovery expenses in mountainous districts in 2014 and of the standard for additional deposit, and public announcement of the determination of standard market prices of buildings and other articles in 2014;

1. A copy of a register of illegal damaged land from conversion of a mountainous district, such as a map of location, land cadastre, cadastral map, and register;

1. Application of the current status and photographs of forest damaged areas;

1. Article 54 of the Management of Mountainous Districts Act and Articles 54 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of imprisonment for criminal facts;

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that the defendant has completed recovery from the damaged area and the defendant has no same criminal record) is above the suspended sentence;

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