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(영문) 대구지방법원 2020.04.23 2020고단789
산지관리법위반
Text

A defendant shall be punished by imprisonment for four 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

【Criminal Power】 On January 16, 2020, the Defendant was sentenced to imprisonment with prison labor for six months at the Daegu District Court for violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the judgment became final and conclusive on January 24, 2020.

【Persons who intend to convert a mountainous district] Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu according to the classification of the mountainous district and size

The Defendant did not obtain permission from the competent authority while performing housing construction with permission for conversion of the area B of 412 square meters in Cheongdo-gun. From March 2019 to August 2019, the Defendant changed the form and quality of the mountainous district, such as 982 square meters, 36 square meters in size, 236 square meters in size, 715 square meters in size, 88 square meters in size, 769 square meters in size, and 230 square meters in size in the mountainous district, other than the preserved mountainous district, in total of 3,020 square meters in size, 60 square meters in size of six lots in size in the mountainous district, other than the preserved mountainous district, such as 3,020 square meters in size and dump trucks.

As a result, the Defendant converted a mountainous district, other than preserved mountainous districts, without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. An actual survey report, a location map, a forest damaged area map, a photograph site map, a forest damaged area map, a protocol by parcel of land from a forest damaged area, a statement of calculation of the amount of forest damage, standards for calculation of recovery expenses in 2019, a forestry map, a forestry cadastral map, a forestry land use planning confirmation center, and an aerial photography (2019);

1. Previous convictions in judgment: Criminal records, data inquiry about criminal investigation records, and application of statutes of judgment;

1. Article 54 of the Management of Mountainous Districts Act and Articles 54 subparagraph 1 and 14 of the Management of Mountainous Districts Act, the selection of imprisonment for criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Taking into account equity in the case of sentence along with a final and conclusive judgment on the grounds of sentencing in Article 62-2 of the Social Service and Criminal Act, the details, method, and damage of the crime.

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