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(영문) 창원지방법원 거창지원 2014.04.09 2014고단35
산지관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. No person shall divert a mountainous district without obtaining permission from the competent authority for mountainous district conversion;

Nevertheless, on May 20, 2013, the Defendant diverted mountainous districts to cut or embling by using equipment, such as boomers, without obtaining permission from the competent authority, on a total of 4,144 square meters, such as 2,226 square meters of forest land, C forest, 91 square meters of forest land, D forest, 681 square meters of forest land, E forest land, and 1,146 square meters of forest, etc. located in B, Gannam-gun.

2. No person shall temporarily use a mountainous district for the purpose of installing erosion control facilities without reporting on temporary use of such mountainous district;

Nevertheless, on June 2013, the Defendant temporarily used mountainous districts by using equipment, such as scrails, etc. for cutting or banking them for the purpose of preventing leakage of soil, rocks, trees, etc., without reporting temporary use thereof to the competent authority, on the aggregate of 5,520 square meters of forests, 155 square meters of C forest, 140 square meters of F forest, 140 square meters of forest land, and 47 square meters of forest land, etc. located in B of Gyeongnam-gun, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Fact-finding survey report, the location map of illegal deforestation, and the confirmation of the area for exclusive use of forests;

1. Application of Acts and subordinate statutes, such as on-site photographs (not more than 12 pages of evidence records), on-site drawings, and on-site photographs (not more than 44 pages of evidence records);

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of Mountainous Districts Act, the main sentence of a mountainous district without permission), subparagraph 2 of Article 55 and the former part of Article 15-2 (2) and Article 15-2 (9) of the same Act, the selection of imprisonment for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) of the Act on the Suspension of Execution; Supreme Court Decision 62 (1)

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