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(영문) 창원지방법원 거창지원 2014.12.10 2014고단192
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 Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, from October 2013 to January 2, 2014, the Defendant converted the use of mountainous districts into mountainous districts, such as cultivating a place for restoring a stone collection site without obtaining permission from the competent authority, and damaging forest land to 11,968 square meters (refluences for recovery costs of KRW 49,596,00).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes, such as a location map and district map, field photograph, etc. of forest damaged areas;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts;

1. Selection of imprisonment ( Taking into account the wide area, etc. of the exclusively-owned mountainous district);

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the confession, the fact that there is no record of committing any crime except for the minor criminal records in a single occasion, and the fact that considerable portion of the diverted mountainous district has been restored, etc.);

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