(영문) 대구지방법원 상주지원 2018.05.01 2018고단38

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(영문) 대구지방법원 상주지원 2018.05.01 2018고단38

산지관리법위반

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on March 2017, the Defendant, without obtaining permission from the head of the forest office, etc., set up a 769,525 square meters of the area of the forest land located in B at the end of the Si/Gu, and used the said forest land as a graveyard, etc. by having C, etc. install a road with approximately 116 meters in length and approximately 3.5-10 meters in width, and a 2 marbbing with a stone shed, to use the said forest land as a graveyard, etc.

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 C, D, and E;

1. Each investigation report (No. 13, 16 No. 516);

1. Application of Acts and subordinate statutes governing the actual survey report, location map, aerial photography of the damaged area, actual measurement map of the damaged area, on-site photo of the damaged area, calculation standard amount of recovery expenses, forestry map, certified copy of the damaged area, ledger of the damaged area and forest, photographic land, real estate transaction contract, and all of the registered matters;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant recognizes and reflects the crime, the fact that the defendant took measures to reinstate, and the fact that there is no same

참조조문

-형법 제62조 제1항

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