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(영문) 대구지방법원 의성지원 2018.11.29 2018고단182
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 obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree by determining its use.

Nevertheless, from around August 2012 to the end of August 2018, the Defendant removed standing timber of 4,280 square meters in the aggregate of the damaged areas planted on the forest land located in the area where conservation is located, which is a forest for preservation without permission from the competent authority, and used it as farmland, to use it as farmland, which amounts to 22,381,000 won of the damaged recovery amount.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as satellite photographs, practical survey records, location maps, satellite photographs, etc., and photographs of damaged areas;

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, and the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is to eliminate standing timber in a preserved mountainous district and convert it into farmland without permission. The size of the diversion is 4,280 square meters, and the defendant has a record of being fined twice due to the same kind of crime, under the circumstances unfavorable to him/her, the defendant's mistake is recognized, divided, and the mountainous district damaged in spring is restored to its original state, and there is no significant record of exceeding the fine, respectively.

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