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(영문) 청주지방법원 충주지원 2016.11.29 2016고단573
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of types, areas, etc. of mountainous districts prescribed by Presidential Decree

On February 28, 2014, the Defendant was permitted to engage in development activities of 4,275 square meters (2,579 square meters, access roads: 1,696 square meters) among the above land for the purpose of creating a new site for a single house with the aim of creating a new site for a single house, not only D, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and one parcel from the Chungcheong market.

Around August 2014, the Defendant, without obtaining permission from the Minister of the Korea Forest Service, used construction machinery equipment, such as a scambling season, etc., with the aggregate of 1,341 square meters among the above D and 2,271 square meters among E, which are the land outside the above permitted area. The Defendant diverted the land into the land, and arranged slopes, and diverted the land by creating drainage channels.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and each location map;

1. On-site photographs of illegal land, and survey maps of the current status of illegal land;

1. Application of relevant statutes to the permission of the case site

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the same Act concerning facts constituting a crime;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant has made efforts to restore the original state, such as the fact that the defendant has recognized the crime of this case, planting trees in the part of the mountainous district exclusively used by him/her, and the defendant has no previous conviction in the same manner, taking into account the above circumstances and the defendant's age, character and conduct, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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