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(영문) 의정부지방법원 2012.03.15 2010고단3942
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On August 23, 2011, the Defendant was sentenced to imprisonment with prison labor for a period of two years and six months with prison labor for fraud, etc. at the District Court of the Republic of Korea on the same day, and two months with prison labor for a violation of the National Land Planning and Utilization Act, and the said judgment becomes final and conclusive around that time.

Any person who intends to divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, the Defendant, without permission from the competent authority from June 2, 2010 to July 1, 2010, converted the use of mountainous districts by cutting and raising land as a sckele, in order to use the sum of 96 square meters among B forest land and 572 square meters among C forest land as farmland, and 668 square meters among C forest land.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each photograph (number 1, 2 of the evidence list);

1. Drawings (No. 3 of the evidence list);

1. Land register;

1. Previous convictions: Application of respective Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act (amended by Act No. 11352, Feb. 22, 2012) and Articles 14 (1) of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 2, 2012);

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

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