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(영문) 대전지방법원 천안지원 2013.10.17 2013고단788
산지관리법위반
Text

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

except that 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

Any person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service.

At around 2010, the Defendant cut trees planted in C forest land No. 14,483 square meters in Asan-si, Asan-si, and planted trees as dry field after planting them. On February 201, the Defendant planted luxry by reclaiming land from approximately 3,950 square meters of D forest land and approximately 887 square meters of E forest and fields as dry field, and used luxry as a stock site by carrying out luxry work from approximately 623 square meters of D forest and field to be used as a stock site.

As a result, the Defendant diverted a total of 19,943 square meters of forest land without obtaining permission from the Administrator of the Korea Forest Service.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to copies of an official report on illegal mountainous districts for exclusive use, reports on illegal mountainous districts for use of mountainous districts, certificates of use of mountainous districts, acceptance of reports on conversion of mountainous districts and orders for restoration thereof, and

1. Article 53 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (i.e., the first offense, the reflective fact, and the fact that it appears to have caused the instant crime as the site for the law)

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