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(영문) 수원지방법원 여주지원 2014.07.07 2014고단134
산지관리법위반
Text

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

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the type, area, etc. of the mountainous district

Nevertheless, the Defendant was performing construction work on May 16, 2012, by reporting temporary use of a disaster prevention facility in the name of D with respect to the land of 15,192 square meters, among forest land in Gyeonggi-si, Gyeonggi-do, for the purpose of installing disaster prevention facilities, and piling a stable. From July 16, 2012, the Defendant was performing the same year.

8. From among E forest land in the vicinity of the said reported temporary use of a mountainous district without permission to convert a mountainous district, 154 square meters among E and forest land, 2,177 square meters among C forest land, 1,376 square meters among F forest land, and 3,800 square meters in total of 93 square meters among G forest land, the mountainous district of which is a mountainous district of which is a 3,800 square meters and has been cut and cut down by using an electric saw, and using heavy equipment, such as poraras, etc., and the mountainous district was converted.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement of the police statement to I;

1. Statement of the police statement related H;

1. Written statements of J and K;

1. Application of Acts and subordinate statutes on photographs taken before construction works, such as the actual measurement map, aerial photography, each site photograph, illegal status map, and drawings of the current status of illegally damaged land;

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

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

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