logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2015.12.29 2015고단841
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person residing in F of the Crossing, and the same Ri G forest located in the vicinity of the above dwelling area is a state forest managed by the Korea Forest Service.

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.

Nevertheless, without obtaining permission from the Administrator of the Korea Forest Service, etc., the Defendant, from around October 2010 to October 2012, 201, developed a pond (96 square meters) in the above state-owned forest, installed a vinyl (21 square meters), stored two 156 square meters in a bridge entry, installed two 156 square meters in a bridge entry road (1,433 square meters), installed two brain ginseng and mountain vegetables (400 square meters), installed two sperm (22 square meters), and diverted a mountainous district with an area of 2,250 square meters in a aggregate, including creating a marina (52 square meters), without permission from the Administrator of the Korea Forest Service.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

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 concerning criminal facts and the selection of punishment;

1. The area of mountainous district exclusively converted by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is not many.

However, the defendant reflects the mistake, and the mountainous district which was diverted without permission after the crime of this case was restored to its original state.

And there is no record that the defendant has been punished for the same crime.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

arrow