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(영문) 청주지방법원 충주지원 2016.04.15 2015고단608
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

From the end of November 2014 to the end of February 2015, the Defendant, without permission from the competent authority, stored a stone axis of 7,276 square meters in the aggregate of 7,276 square meters of forest land, such as Chungcheongbuk-si B and C, or created a site and set up a meteorite.

Accordingly, the Defendant diverted mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to site photographs, project plans and recovery plans, specifications, route plans, forest management plans, survey maps, old maps, yellow survey reports, and location map of each site;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence is not provided against the nature of the crime in light of the size of the mountainous district damaged by the instant crime, but efforts to restore the original state to the original state by recognizing mistakes, and there are no criminal records of the same kind, circumstances leading up to the crime, and circumstances before and after the crime.

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