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(영문) 청주지방법원 2016.01.15 2013고단1403
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 2012, the Defendant was granted permission for mountainous district conversion under the name of C and D representative E on the condition that the cost of creating alternative forest resources was paid to Jincheon-gun, Jincheon-gun, 2012.

In such cases, a mountainous district shall not be diverted unless the cost of creating alternative forest resources is paid.

Nevertheless, the Defendant, from August 2012 to September 2012, changed the form and quality of a mountainous district equivalent to 9,710 square meters in mountainous district by cutting trees using the sculf season and sculing the site, without paying the cost of creating alternative forests, from August 2012 to September 2012.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the defendant;

1. A suspect examination protocol prepared by a special judicial police officer in relation to E;

1. An investigation report (Revocation of permission to divert a mountainous district and verification of failure to recover);

1. An actual survey report, a location map, a actual survey map of the current status of an illegal entire site, a “forest survey report on a site before an illegal mountainous district” (Evidence No. 17), and a gradient survey report;

1. A land ledger;

1. “Public consultation (C) on the diversion of a mountainous district following a building report; “Public consultation on the diversion of a mountainous district (D representative E); “Public notice on the acceptance of a building report (D) public notice”; “Public notice on the acceptance of a building report;” “C public notice on the receipt of a building report;” “Public notice on the payment of public charges for the diversion of a mountainous district”; “Public notice on the payment of public charges for the diversion of a mountainous district (C) public notice on the diversion of a mountainous district (D representative); “Public notice on the payment of public charges for the diversion of a mountainous district”; “Public notice on the cancellation of consultation on the diversion of a mountainous district”; “Approval on the restoration of a mountainous district (re-----

1. Application of the law of “the aerial photography 2008” and the field pictures exclusively used for illegal mountainous districts

1. Article 54 subparagraph 3 of the Management of the Mountainous Districts Act and Article 19 (2) 1 of the same Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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