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(영문) 수원지방법원 성남지원 2017.06.14 2017고단1026
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of a forest office, etc. for the diversion of such mountainous district by determining its use, and collect rocks above a certain size from among the original rocks in a state of not artificially cut or crushed in a mountainous district, except where a person who has obtained permission to divert a mountainous district collects natural rocks incidentally gathered in the course of diverting the mountainous district, etc.

Nevertheless, without permission on March 2017, the Defendant converted the use of mountainous districts into mountainous districts by putting 1,353 square meters of forest land and embling and raising heavy equipment, etc. in Gwangju City, which is a mountainous district for forestry use, and carried them into the said B site by gathering 7 natural rocks (one point six meters or more in width and one point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point point

Summary of Evidence

1. Partial statement of the defendant;

1. The report on the actual condition, and the list of areas illegally damaged;

1. Land register;

1. Application of statutes governing field photographs for illegal mountainous districts;

1. Relevant Article 53 subparag. 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14(1) main sentence (unauthorized mountainous districts) of the Management of the Mountainous Districts Act, Articles 53 subparag. 4 and 28(3) of the Mountainous Districts Management Act, and the selection of imprisonment with prison labor for each crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

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