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(영문) 대구지방법원 상주지원 2013.06.18 2012고단544
산지관리법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 1.5 million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the competent authorities for a specified purpose.

Nevertheless, on July 30, 2012, the Defendants used 42,021,000 square meters for restoration expenses, and 1,923,000 won for afforestation expenses, by having human parts, such as D, cut, embling, and flat work using c forest land, etc. at the time of permanent residence on or around July 30, 2012, and by changing the form and quality of a container such as installing a container.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect of each special judicial police officer against D and E;

1. The actual condition survey report;

1. Each field photograph [it is sufficiently recognized that the land of this case constitutes a mountainous district at the time when criminal facts are recorded on the ground that whether it is a mountainous district under the Mountainous Districts Management Act is determined according to the actual status of the land in question, and even if it is lost as a mountainous district, if it is deemed that the lost state is temporary and its reinstatement is possible, it constitutes a mountainous district (see, e.g., Supreme Court Decision 2007Do10118, Jul. 10, 2008).] The application of statutes is sufficiently recognized that the land of this case constitutes mountainous district

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for Defendant A and fine for Defendant B in consideration of the degree of participation in the selection of punishment, etc.

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the land reclaimed after prosecution shall be restored to the original state at the expense of the Defendants, such as planting pine trees, and the land in this case shall be cut off in 2010 with the permission of the competent authority and was in the state of non-standing trees except for the part of the edge of a caro tree (such as investigation record 5, 28 pages and reflects its depth).

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