(영문) 광주지방법원 목포지원 2020.02.14 2019고단384

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(영문) 광주지방법원 목포지원 2020.02.14 2019고단384

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

Anyone 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.

Nevertheless, on January 2019, the Defendant, without obtaining permission from the competent authorities, damaged mountainous districts by using one stamper for the purpose of building a site in the area of 1,838 square meters in the area of 1,838 square meters in Yongnam-gun, Youngnam-gun, Chungcheongnamnam-gun, for the purpose of building a site, and diverted mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding report, location map, the current status of survey of forest damaged areas, the site photographs of forest damaged areas, the forest register, the details of calculation of restoration expenses for forest damaged areas, and notification of matters illegally damaged of mountainous districts other than the areas subject

1. Application of Acts and subordinate statutes to report on investigation (limited to photographs before and after the layout drawing and damage of a building);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and the selection of imprisonment for criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - The fact that there are many favorable criminal records of the same and similar crimes - The fact that there are no records of fine exceeding the bounds of fine, the fact that restoration of a damaged mountainous district has been completed, the fact that mistake has been recognized, and the fact that it reflects the fact that the area and degree of damage of the damaged mountainous district, the motive for committing the crime, as well as all the kinds of

참조조문

-산지관리법 제14조 제1항

-산지관리법 제53조 제1호

-형법 제62조 제1항

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