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(영문) 대전지방법원 천안지원 2014.07.24 2014고단669
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 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. according to the classification of the types, areas, etc. of mountainous districts

Nevertheless, around July 2010, the Defendant used a mountainous district without permission to convert the form and quality of a mountainous district into a site by changing the forest of approximately 3,104 square meters into the form of a site and converting the mountainous district into a mountainous district in the Korea Forest Service’s mountainous district into KRW 12,13,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Fact-finding survey report on the case land, details of calculation of expenses for restoration of mountainous district in case land, copy of written permission for cutting standing trees, and written confirmation of land use plan;

1. Application of the current status survey of the case site GPS, site photo of the case site, aerial photography of the case site, land cadastre of the case site, and cadastral map law of the land cadastral map

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

1. Article 62 (1) of the Criminal Act (including the fact that a person commits an error in depth and has no record of punishment for the same kind of crime, and there is only a previous record of fine, etc.);

1. In light of the size, period of diversion, cost of restoration to original state, current status, etc. of a mountainous district exclusively used by a defendant without permission, for sentencing under Article 62-2 of the Social Service Order Act, the nature of the crime is not weak. However, the defendant is in depth divided, although the defendant intended to restore to original state, the defendant's refusal to remove the land at present in this case did not reach the restoration to original state, and the defendant filed a civil lawsuit against the possessor, and the profit gained by the defendant from diversion of mountainous district is not significant, etc., the punishment as set forth in the order shall be determined

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