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(영문) 대구지방법원 경주지원 2019.11.28 2019고단493
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

Any person who intends to divert 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 types, areas, etc. of the

Nevertheless, the Defendant changed the form and quality of the mountainous district by removing and shoting forest trees for the purpose of organizing housing sites, cultivating housing sites, raising livestock, etc., without obtaining permission from the competent authorities, within the conservation and control area of the area of 2,614 square meters in racing city B, C, D, E, and F, from around winter in 2017 to July 31, 2019.

As a result, the Defendant diverted mountainous districts without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Defendant's legal statement;

1. Survey of the current status of illegal diversion mountainous district, the cadastral map and aerial photography, the previous aerial photography, the local photograph, the details of damage calculation, the evidential documents, the certified copy of the land register, the land use planning confirmation personnel, the forestry cadastral map and the forestry cadastral map;

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. In full view of the areas of illegal exclusive use of sentencing under Article 62(1) of the Criminal Act, whether to recover mountainous districts (Submission of a letter of undertaking to recover mountainous districts), criminal records, and other criminal records, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions under Article 51 of the Criminal Act, which are recorded in the records of the instant case, after

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