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(영문) 대구지방법원 안동지원 2020.02.18 2019고단650
산지관리법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Any 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 mountainous district types, areas, etc.

In addition, when it is intended to cut standing timber or extract or gather forest products in a forest, permission from the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu

Nevertheless, on May 1, 2019, the Defendant changed the use of mountainous districts by requiring C, a funeral business entity, to create a grave base and access roads to enter the place of the grave in the area of approximately 6,197 square meters out of approximately 6,197 square meters of the plot of land outside Ansan-si, An Ansan-si, a quasi-permanent conservation mountainous district, without obtaining permission from the competent administrative agency around the beginning of May 1, 2019 (the amount written in the indictment of approximately 110,107,670 won for anticipated expenses for recovery of mountainous districts, is correct because it is obvious that the amount written in the indictment is a clerical error in light of evidence). This is as follows: (i) pine 1,107,670 won of expenses incurred in restoring mountainous districts, pine 17,780

the Act on the Protection of Land, Etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The application of a location map of damaged areas, a survey report on standing timber, photographs of illegal forest damaged areas, and statutes of the Korea Forest Information Society;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act; Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The purpose of Article 59(1) of the Criminal Act is to “contribute the sound development of the national economy and the preservation of national land and the preservation of national land by rationally preserving and using mountainous districts and promoting various public functions of forests,” and the Forest Resources Creation and Management Act is to create and manage forest resources.

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