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(영문) 대구지방법원 경주지원 2017.04.27 2017고단2
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years 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, the Defendant, without obtaining permission from the competent administrative authority from around 2012 to around 2015, destroyed the form and quality of the mountainous district by cutting down the part of tree bags, such as pine trees and teach tree, into the mountainous district of which the total area of 4,485 square meters and 35 square meters of a D, which is the area of 4,520 square meters, from around 2012 to around 2015.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. The application of this Act and subordinate statutes, including the criminal land, the site map (1j), the field photograph, the four copies of airline margin, the average gradient survey report, etc., and the details of calculation of the amount of damage from the site prior to the illegal mountainous district (1j), the certified copy of the register, two copies of the forest register, two copies of the forest register, two copies of the investigation report (a comparative analysis, the date and time of the crime), two copies of the national land geographic information sources, two copies of the land for the illegal mountainous district, two copies of the land for the land prior to the mountainous district, and the gradient analysis map, etc.

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 which are the option of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( various extenuating circumstances, such as the reflection of gender, the fact that there is no past record of punishment exceeding fines, and the fact that the person is old);

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