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(영문) 대전지방법원 서산지원 2017.11.30 2017고단698
산지관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

1. On March 2015, the Defendant, without obtaining permission for the diversion of mountainous districts in the Jin-si market, destroyed standing timber for the purpose of farming in a forest of 2,439 meters in total of the area of a Si/Gun/Gu square of 1,609 square meters per Jin-si D (M), E (M) square of the area 707 square meters per 707 square meters per Si/Gu, and F (F), and converted standing timber for the purpose of farming in a forest of 2,439 meters in square meters per Si/Gun/Gu, and converting the forest into drainage.

2. On March 5, 2017, the Defendant, without obtaining permission to divert a mountainous district in a Sil Jin market, converted the use of a mountainous district into a forest by damaging standing timber for the aforementioned purposes in the forest as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a location map of illegal mountainous district;

1. Photographss of the current status of each airline or illegal mountainous district;

1. Surveying the current status, surveying the quantity of standing timber cut, and calculating expenses for recovery from mountainous districts;

1. Application of Acts and subordinate statutes for confirmation of land use plans, such as a land register, forest register, certified copy of cadastral map, and forestry map;

1. Article 53 of the relevant Act on criminal facts, subparagraph 1 of Article 53 of the Management of the Mountainous Districts of which punishment is selected, and Article 14 (1) of the Management of the Mountainous Districts Act,

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (i.e., the primary crime, restoration from the original state, and taking into account all the sentencing conditions);

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