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(영문) 대구지방법원 경주지원 2019.08.28 2019고단47
산지관리법위반
Text

A defendant shall be punished by imprisonment for six 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

Any person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, a Mayor/Do Governor, or the head of a Si/Gun/Gu specifying its use.

Nevertheless, the Defendant, without permission from the competent authority from December 2, 2017 to November 2018, 2018, converted mountainous districts into mountainous districts by using 81 square meters in the field, 140 square meters in the field of B forest, 274 square meters in the field of D forest, 571 square meters in the E forest, 26 square meters in the green conservation area of 1,092 square meters in the area of 1,092 square meters in the field of field among F forest, for the purpose of using the site for the field of camping and installation of drainage facilities, etc., and converted mountainous districts into land by using land cutting devices and work human resources for the purpose of cutting, raising four lots in the site, expanding access roads, extending access roads,

Summary of Evidence

1. Defendant's legal statement;

1. A written report on criminal branch;

1. Application of the Acts and subordinate statutes governing the illegal diversion of mountainous districts and actual measurement maps of mountainous districts, local electric photography photographs, and national land geographic information center;

1. Article 53 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. The fact that there are records of criminal punishment of the same kind of fine with the same reason for sentencing under Article 62(1) of the Criminal Act, and the fact that the crime is committed during the period of suspended sentence of different types of crime (the present period of suspended sentence has expired) is considered

However, considering the favorable circumstances that the defendant reflects the crime, completed the restoration of mountainous district, and received the notice of the completion of restoration from the Sejong-si, the punishment as ordered was determined by considering the following factors: the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, and the circumstances after the crime.

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