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(영문) 수원지방법원 안산지원 2015.10.07 2015고단2303
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six 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

1. A person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the competent authority to set its purposes, but the Defendant, from around 2009 to February 2, 2015, converted the form and quality of the mountainous district to convert a mountainous district by cutting standing timber of land (area 7,686m2) designated as a mountainous district for public interest in Mountainous Districts D in Mountainous Districts-si owned by the Defendant, without obtaining permission from the competent authority.

2. Although a person who violates the Creation and Management of Forest Resources Act intends to cut standing timber in a forest, he/she did not obtain permission from the competent authority, the Defendant cut standing timber in a forest (area 7,686m2) owned by the Defendant from around February 2009 to February 2015, without obtaining permission from the competent authority.

3. A person who violates the Special Act on Public Housing Construction, etc. (hereinafter “Special Act”) intends to change the form and quality of land, cut bamboo and trees in a public housing zone without obtaining permission from the competent administrative agency. However, from around 2009 to February 2015, the Defendant cut down bamboo and trees on land owned by the Defendant as a public housing zone and changed the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation of the mining name market;

1. A written statement of accusation under E;

1. Current status of damage to the mountainous district;

1. Full certificate of the registered matters;

1. A business trip report;

1. Application of statutes on site photographs;

1. Relevant Article of the Management of Mountainous Districts Act, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, Article 58 (1) 1, and Article 11 (1) of the Act on Special Cases concerning the Establishment, etc. of Public Housing, and Selection of Imprisonment with labor for each crime;

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

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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