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(영문) 청주지방법원 제천지원 2012.06.21 2011고단1480
산지관리법위반
Text

The defendant shall be punished by a fine of 2,00,000 won for the crime No. 1, which is set forth in the judgment, four months of imprisonment, and No. 2 of the judgment.

Reasons

Punishment of the crime

On May 13, 2010, the Defendant was sentenced to two years of suspension of execution in the Cheongju District Court for the crime of interference with business, etc. on August 21, 2010 and the judgment became final and conclusive on May 21, 2010.

1. On November 2009, the Defendant: (a) sold the land for building construction on a scale of 450 square meters in Dacheon-si, 2009 for conversion of a mountainous district without obtaining permission to convert a mountainous district.

2. Around December 2010, the Defendant: (a) cut the land into a 140m3 square meters from the above C, and cut the land into a mountainous district without obtaining permission from the Minister of the Korea Forest Service.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Examination protocol of the accused by prosecution;

1. Area map, each photographic site, and aerial photography;

1. Previous records: Criminal records, inquiry into criminal records, investigation reports, application of statutes of the judgment;

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 concerning criminal facts and the selection of punishment;

1. Determination of imprisonment with prison labor for the crime No. 1 in the judgment of choice of punishment, and of fine for the crime No. 2 in the judgment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the Criminal Act for the Detention in Labor House (Article 2 of the Criminal Act)

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act)

1. Probation and community service order under Article 62-2 of the Criminal Act (the first crime in the market);

1. In the case of a crime of Article 334(1)(2) of the Criminal Procedure Act (as to a crime of Article 334(1) of the Provisional Payment Order, the crime of this case is committed again against the defendant, even though there are two criminal records of the same kind, and in the case of a crime of Article 2 of the judgment,

However, in the case of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the

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