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(영문) 대구지방법원 경주지원 2018.05.10 2018고단169
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and shall not divert the mountainous district without obtaining permission to divert

Nevertheless, on October 2016, the Defendant did not obtain permission to convert mountainous districts, set up a work route by cutting or banking approximately 1,563 square meters of the forest land C, which is a forest for the preservation of mountainous districts, with a dump season and a dump truck, and changed the form and quality of the mountainous district by laying a waterway, and continuously cutting trees on approximately 1,29 square meters of the forest land among the above forest land on May 2017, and changed the form and quality of the mountainous district by cutting or raising them with a dump and a dump truck.

Accordingly, the Defendant converted the use of each mountainous district without obtaining permission for mountainous district conversion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the criminal place of origin - A copy of the actual survey on the actual survey of the illegal diversion of mountainous districts, a copy of the application for the conversion of mountainous districts, a document and drawings related to the permission on February 23, 2016, an application for the conversion of mountainous districts, a business plan, a cadastral map, an application for the conversion of mountainous districts and a drawing on April 5, 2016, an application for the conversion of mountainous districts and a business plan on September 26, 2017, an application for the conversion of mountainous districts and a drawing, an application for the conversion of mountainous districts and a business plan on September 26, 2017, an average gradient survey, a copy of the report, a certified copy of the register, and a forest register.

1. Investigation Report (Confirmation as to preserved mountainous districts) - Application of Part I of the Land Use Regulation Information Data Data Inquiry Data shall apply;

1. Article 53 Subparag. 1 of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) and Article 14(1) main sentence of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 201); and each choice of imprisonment with labor, with labor, for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Provisions prohibiting the diversion of a mountainous district without permission under the Management of Mountainous Districts Act on the grounds of sentencing under Article 62(1) of the Criminal Act shall be the mountainous district through the comprehensive and systematic management of the mountainous district.

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