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(영문) 대구지방법원 경주지원 2018.11.15 2018고단476
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2013, the defendant, as the representative director of the Bank of Korea, continued construction with the approval of the industrial complex plan from the racing city.

No person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree, and shall divert the mountainous district without obtaining permission to divert the mountainous district.

Nevertheless, from June 2015 to November 201, 2017, the Defendant changed the form and quality of a mountainous district by using a dump gun to reduce the slope of a forest and shotizing it with the size of 1,150 square meters in the 1,150 square meters in the c forest land, D forest land, and 489 square meters in the size of 525 square meters in the E forest, which is a preserved mountain area, without obtaining permission for the diversion of each mountainous district.

As a result, the Defendant converted the use of mountainous districts without obtaining permission for each mountainous district conversion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F, G, H, and I;

1. A report on the offender's land - A copy of an old map for the diversion of illegal mountainous districts, one ground plan, six on-site photographs, one document related to approval of industrial complexes, four copies of an average gradient survey, four copies of calculation of the amount of damage, three copies of a register, three copies of a copy of a register, and three copies of a forest register;

1. Application of investigation reports (verification of whether the instant mountainous district is a preserved mountainous district) statutes;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts of which punishment is selected (in comprehensive, selection of imprisonment with prison labor);

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

An unfavorable circumstance: A normal situation in which the area of the converted mountainous district was considerably favorable for the defendant without permission: The confession and reflect of the crime in this case, and the circumstances leading to the occurrence of this case shall be considered.

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