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(영문) 대구지방법원 상주지원 2015.04.07 2015고단6
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the competent administrative agency for a specified purpose, and even if he/she intends to modify permitted matters, he/she shall obtain the said permission, notwithstanding the fact that he/she had obtained permission for the conversion of a mountainous district of 9,879 square meters among B forest land in Seodaemun-si, and the Defendant, without obtaining permission for the alteration of the area thereof, converted a mountainous district into a mountainous district on the part of 11,456 square meters among the above forest land, by using 3 square meters in the above forest land from May 2014 to August 2014 without obtaining permission for the alteration of the area thereof.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to the details of restoration expenses;

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. The Defendant’s reason for sentencing under Article 62(1) of the Criminal Act was restored to the original state.

In addition, the sentence shall be sentenced as ordered in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, circumstances after the crime was committed, etc.

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