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(영문) 인천지방법원 2015.02.16 2014고단9334
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years 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 Administrator of the Korea Forest Service, etc. according to classification of the type, area, etc. of the mountainous district

On April 2013, the Defendant developed and cut a forest land of 6,350 square meters in Incheon Reinforcement-gun C, and conducted conversion of a mountainous district without obtaining permission for conversion of a mountainous district from the Administrator of the Korea Forest Service, etc., using access roads, stables, dry field, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as known forests and illegal damage matters, actual yellow survey reports, changes in the form and quality of mountainous districts, field photographs of change in mountainous districts, forest land register and photographs;

1. Article 53 (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. The area of mountainous district, the reason for sentencing of which has been damaged under Article 62 (1) of the Criminal Act is reasonable, but the defendant has no obvious previous record, the permission for felling standing timber has been obtained, the remaining part except for livestock pens, etc. at the present shall be planted by planting bamboo, etc. and endeavor to restore it to its original state, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct,

It is so decided as per Disposition for the above reasons.

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