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(영문) 대구지방법원 경주지원 2015.08.13 2015고단388
산지관리법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, from August 2014 to October 201 of the same year, the Defendant diverted the total area of 2,09 square meters by, without obtaining permission for conversion of mountainous districts in racing-si B, C and D, for the purpose of building a factory site and securing access roads.

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. A business trip report;

1. Details of calculation of damages caused by illegal mountainous district conversion, business plans for start-up and factory construction approval (documents related to permission), field surveys following application for the purchase of public property, application form for the purchase of public property, forest register, and certified copy of the register;

1. A forest damage site map;

1. Application of Acts and subordinate statutes to photographs of damaged land and damaged photographs;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of imprisonment for criminal facts;

1. An area corresponding to the violation of the Management of Mountainous Districts Act for the reason of suspended sentence under Article 62(1) of the Criminal Act, the same military record of the defendant, and the restoration expenses upon the request of racing, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all the sentencing conditions indicated in the records of this case, such as the circumstances after the crime, etc.

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