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(영문) 대구지방법원 경주지원 2016.01.28 2015고단782
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “C Campping” at the KRW B in the racing-si.

1. On January 201, 201, the Defendant: (a) laid down crypate trees, etc. without obtaining permission for mountainous district conversion; (b) laid off crypate trees, etc. without obtaining permission for mountainous district conversion; and (c) created 20 square meters, etc. on the site of the camping site (around 700 square meters) and diverted the use of mountainous district.

2. On January 2013, the Defendant: (a) installed access roads by cutting boom trees, etc. without obtaining permission for mountainous district conversion; (b) installed a waterway by digging out the land; and (c) installed a stone shed and a railing to convert the mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of calculation of the amount of damage caused by land before mountainous districts, old maps, illegal mountainous districts, public notification of calculation standards for recovery expenses of mountainous districts in 2015, land register, land register, minutes in the register, certified copy of the register, minutes in the literature, written consent for land use, minutes of special general meeting, minutes of meeting

1. Application of statutes on site photographs;

1. Article 53 subparagraph 1 of the relevant Act and 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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the details of the crime, the area of the mountainous district in violation of the Act, and other various circumstances, such as the defendant's age, sex, environment, and circumstances after the crime) or higher;

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