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(영문) 대전지방법원 서산지원 2015.06.26 2015고단398
산지관리법위반
Text

A defendant shall be punished by imprisonment for six 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

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the type, area, etc. of the mountainous district

Nevertheless, on August 2014, the Defendant converted the use of mountainous districts into mountainous districts by removing growing trees in the above forest by using one bitle 1, in order to use them as farmland without obtaining permission from the competent administrative agency, and by changing the form and quality of mountainous districts, such as cutting down, raising soil, etc., in order to use them as farmland without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual conditions, photographs of the current status of illegally damaged land, and a report of calculation of expenses for restoration of mountainous district;

1. Application of the forestry register, copies of cadastral map, and land use planning confirmation personnel statutes;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of imprisonment for criminal facts;

1. Article 62(1) of the Act on the Suspension of Execution reflects the error in sentencing, the fact that there is no previous conviction, the illegal diversion of mountainous districts to cultivate crops, the area of damaged mountainous districts is 5,306 square meters, the cost of restoring mountainous districts is 4,084,00 square meters, the cost of restoring mountainous districts is 4,000 square meters, the cost of restoring mountainous districts has not been restored to the original state, and all other conditions of sentencing specified in the records and arguments of this case shall be determined

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