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(영문) 창원지방법원 거창지원 2013.10.02 2013고단221
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

No one shall divert a mountainous district without obtaining permission from the competent authority.

Nevertheless, around May 2013, the Defendant diverted the same mountainous district to cut or embezzle by using equipment, such as scrails, etc., without obtaining permission from the Korea Development Agency, in a forest B, 2,931 square meters of forest land, and C, C, 79 square meters of forest land.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the practical survey report, location map, aerial photography, confirmation of the forest exclusive use area, and the application of statutes on site photographs;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the first crime committed by the defendant, the violation against the crime of this case, and the restoration of the unlawfully-used mountainous district to its original state);

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