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(영문) 창원지방법원 마산지원 2015.07.08 2015고단339
산지관리법위반
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the types, size, etc. of mountainous districts specified by Presidential Decree for a specified purpose, and the same

1. While Defendant A obtained permission to convert a mountainous district for the establishment of a factory and the construction of agricultural storage in part of Masan-si C and Da, Defendant A performed the said construction work outside the area where permission was granted for conversion of a mountainous district on February 3, 2011, such as blasting, etc., and converted the mountainous district without obtaining permission to convert a mountainous district without obtaining permission to convert a mountainous district.

2. Defendant B, upon obtaining permission for conversion of a mountainous district for factory start-up and construction of agricultural storage in part C of the above C, performed the said construction work, such as blasting, etc. in the area outside the area for which permission for conversion of a mountainous district was granted, around February 3, 2011, and conducted conversion of a mountainous district without obtaining permission for conversion of a mountainous district.

Summary of Evidence

1. Defendants’ respective legal statements

1. An investigation report (site investigation results), and the location map, forestry map, current status map, current status photograph, and aerial photography attached thereto;

1. Report of investigation progress;

1. Application of Acts and subordinate statutes to investigation reports (related to areas damaged);

1. Article 54 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act for the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da140

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