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(영문) 대전지방법원 천안지원 2016.12.02 2016고단1752
산지관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, around May 2012, the Defendant changed the form and quality of the mountainous district by making a fluoring 4,532 square meters of farmland in Asan-si without obtaining permission for conversion of a mountainous district and cultivating it into farmland by using a cluoring season and track. From May 2012 to February 19, 2016, the Defendant converted the forest into a mountainous district by using it as a ginseng field.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. The land and forest register, each aerial photography, and the current status map of each damaged land;

1. Application of each relevant statute;

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 and the selection of imprisonment for criminal facts;

1. The sentence as ordered shall be determined by taking into account the various sentencing conditions indicated in the instant trial proceedings, including the fact that the size of the mountainous district exclusively used by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is considerable, that the mountainous district exclusively used was restored, that the mountainous district was restored, that there was no record of the same kind of crime, and that

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