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(영문) 대전지방법원 천안지원 2016.09.30 2016고단1160
산지관리법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district converted to an unauthorized mountainous district shall obtain permission from the Administrator of the National Forest Service, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, specifying the

Nevertheless, from June 2014 to December 2012 of the same year, the Defendant converted the use of mountainous districts into mountainous districts in a manner that alters the form and quality of mountainous districts by cutting and raising 3,574 square meters of mountainous districts E forest in Asia-si without obtaining permission to convert mountainous districts.

2. A person who intends to collect earth or stone in a mountainous district in a forest other than a state forest without permission shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree;

Nevertheless, the Defendant collected stones of a size of 4,845 square meters without obtaining permission from the Mayor/Do Governor or the head of the Si/Gun/Gu at the time, place, etc. mentioned in paragraph 1, and sold them to ready-mixed companies.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, I, and J;

1. A survey report on actual conditions;

1. Calculation of prices of areas destroyed by forests;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 53 subparagraph 1 of the Act, the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are subject to the option of punishment (unauthorized diversion of a mountainous district) concerning criminal facts, Article 53 subparagraph 3 of the Mountainous Districts Management Act, and the main sentence of Article 25 (1) of the Mountainous Districts Management Act (unauthorized gathering of soil and stone), and the choice of imprisonment

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 suspended execution;

1. In light of various sentencing conditions indicated in the instant trial proceedings, such as the observation of protection, and the fact that there was a record of being fined twice due to the same kind of crime for sentencing under Article 62-2 of the Social Service Order Act, the fact that there was no criminal punishment exceeding a fine since 2004, the fact that the mountainous district converted without permission seems to have been considerably restored, and the fact that the mountainous district converted without permission seems to have been considerably restored, and the scale of the diversion

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