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(영문) 대구지방법원상주지원 2020.11.25 2020고단266
산지관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. for a specified use, and a person who intends to engage in development activities shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self

Nevertheless, the Defendant cut the maximum height of 8.7 meters by having C cut the stone by using a digging hole and cut the slope of high-quality land with a height of 8.7 meters from the method of cutting off the slope of the land, without obtaining permission for conversion of mountainous district and permission for development from October 2018 to January 2019, the quasi-Preservation mountainous district B, which is a quasi-Preservation mountainous district, from October 2018 to January 201, and at the same time converting the form and quality of land equivalent to 2,614 square meters into development activities, and illegally converted the forest 2,52 square meters into a forest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual situation survey report to D’s written statement by the police, on-site photographs, and the cross-section statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning criminal facts; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, without permission, diverts a mountainous district and the area where development activities are performed is considerably wide.

The defendant has been punished as a violation of the Mountainous Districts Management Act even before the case.

However, considering the completion of restoration work, the sentence shall be determined as ordered by comprehensively taking into account the following factors, such as the defendant's age and behavior environment, motive means of crime, results of crime, circumstances after crime, etc., and the sentencing conditions indicated in the present arguments and records.

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