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(영문) 대구지방법원 상주지원 2017.05.16 2016고단590
산지관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 201, Defendant A was permanently stationed in Seocho on April 201, the Defendant, without obtaining permission from the competent administrative agency, laid down and filled up a mountainous district of approximately 4,200 square meters, with a view to creating a orchard, and converted the use of mountainous districts.

2. The Defendant B does not obtain permission from the competent authorities at the place specified in paragraph 1.

(a) cut and filled up approximately 2,040 square meters in mountainous districts as a digging ground to cut and embezzle trees for planting and putting temporary housing in early October 2013, and diverting the mountainous district to a mountainous district;

B. On August 2014, the Plaintiff cut and filled up approximately 370 square meters in mountainous districts and buried cement packages in order to set up warehouses and pack roads.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. Suspect interrogation protocol prepared by each special judicial police officer against the Defendants

1. A survey report on actual conditions, a location map of damaged areas, a survey map of damaged areas, a detailed statement on calculation of the amount of damage for recovery, etc., and a register of forest and fields;

1. Application of statutes on site photographs;

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

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Do148, Apr. 1, 2006)

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