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(영문) 대구지방법원 상주지원 2018.09.04 2018고단158
산지관리법위반
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, without obtaining permission from the head of the competent forest office in around 2012, laid down and filled up soil of 741 square meters in B, which is a preserved mountainous district for the purpose of mine development, and temporarily used the mountainous district to cut and fill up the ground by using two mined seasons.

2. The Defendant, without obtaining permission from the head of the competent forest office from around 2012 to around 2016, temporarily used a mountainous district by embling up soil of 2,453 square meters in C, which is a quasi-preserved mountainous district for the purpose of mine development, by using a fluoring season.

3. The Defendant, without obtaining permission from the head of the competent forest office in around 2012, temporarily used a mountainous district by embling up 1,975 square meters in D when residing in a preserved mountainous district for the purpose of mine development.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual condition, a location map of damaged areas, a survey map of damaged areas, a report on calculating the amount of damage for recovery, a report on permission for conversion of mountainous district in 2017, a report on the determination of standards for calculating recovery expenses for each reported area, a report on the classification of damaged areas, a report on permission for change of mountainous district, a known report on permission for change of mountainous district, an extension of the period of temporary use of mountainous district, a

1. One copy of a drawing verifying whether the preserved mountainous district is preserved, and five copies of the land utilization plan;

1. Each investigation report (Nos. 2, 5, 8, 10, 13 in the list of evidence);

1. Application of the Acts and subordinate statutes on site photographs of each airline or damaged area;

1. Article 53 subparagraph 2 of the relevant Act and the main sentence of Article 15-2 (1) of the Management of the Mountainous Districts Act (including paragraph (2) of the same Article and paragraph (2) of the same Article) concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation was considered disadvantageously in consideration of the fact that the defendant used mountainous districts without permission on a large scale.

However, the fact that the defendant recognizes and reflects the crime, prepare and submit a restoration plan, and the restoration cost.

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