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(영문) 대전지방법원 천안지원 2019.07.04 2018고단2994
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 mountainous districts specified by Presidential Decree, size, etc.

From around 2015 to 2016, the Defendant removed trees of the above forest by using the digging season, etc. for the purpose of reclaiming seedlings, tree planting and fish seedlings, etc., without obtaining permission from the astronomical City for the purpose of reclaiming seedlings, etc., and damaged the above forest land to cover KRW 24,319,00,000 for the site on which 2,330 square meters were cut and filled up.

As a result, the Defendant converted a mountainous district without obtaining permission for conversion of a astronomical market.

Summary of Evidence

1. Defendant's legal statement;

1. Acknowledgement report, illegal matters known, field photographs, and aerial photography;

1. A survey report on actual conditions, a location map, each photograph, a report on calculating damaged amount, and the current status of illegal mountainous districts;

1. Application of Acts and subordinate statutes confirming land use plans;

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. The grounds for sentencing under Article 62(1) of the Criminal Act recognize and reflects the Defendant’s mistake, and there is no record of punishment for the same kind of crime, and the Defendant’s notification of completion inspection on the restoration of damaged land on May 20, 2019 from the astronomical Date was received, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case shall be determined as per the Disposition.

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