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(영문) 청주지방법원 제천지원 2015.07.16 2015고단228
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

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the type, area, etc. of mountainous district for

1. For the purpose of using the land as an access road for the operation of a camping site, the Defendant cut the part B 589 square meters of the land around April 2013 by using the cutting-off equipment and the cutting-off of mix 1,000 square meters, and built a forest road by paving a mixture of stone.

2. For the purpose of paragraph (1), the Defendant cut the land of 1,592 square meters, D209 square meters, E 419 square meters, and F185 square meters in the same manner as Paragraph (1), without obtaining permission from the competent authority for conversion of a mountainous district, and converted the use of mountainous district by building forest roads by packaging a mixed stone.

Summary of Evidence

1. Defendant's legal statement;

1. Current status survey maps and forest land register;

1. A public notice of standards for calculating recovery expenses of mountainous districts in 2015;

1. Cadastral map and damaged area photograph (airman, 2012);

1. Application of Acts and subordinate statutes to aerial photographys;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (the occupation of conversion of mountainous districts and the selection of imprisonment with labor) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the act of converting a mountainous district by opening an access road to a camping site without obtaining permission for conversion of a mountainous district is highly unfavorable to the Defendant. The Defendant partially restored the damage caused by the instant crime, and is currently endeavoring to restore the remainder of the crime, and the Defendant’s confession and reflects the instant crime is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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