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(영문) 광주지방법원 2013.06.19 2013고단1660
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission for the use thereof from the Minister of the Korea Forest Service, as prescribed by Presidential Decree.

Nevertheless, the defendant does not obtain the permission of the competent authorities.

1. Around February 1, 2013, a mountainous district is converted to a mountainous district by means of creating a dry field for bamboo trees using heavy equipment, such as porails, etc., of approximately 3,786 square meters in mountainous districts located in Yangyang-gun C, Jeonyang-gun;

2. Around February 23, 2013, around 2013, mountainous districts were diverted by means of creating access roads to cement packaging.

Accordingly, the Defendant, without obtaining permission for conversion of a mountainous district, diverted to approximately 4,075 square meters in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on detection, the report on actual condition investigation, and the survey map;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the criminal defendant has restored to its original state the illegal exclusive part related to

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