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(영문) 창원지방법원 통영지원 2015.01.21 2014고단959
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 convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, from early April 2012 to April 2013, the Defendant cut 451 standing timber (damage amounting to 3,299,000) without obtaining permission from the competent authority in order to store building materials in a c, D, E, F, or G forest within a large scale of forest, and converted the use of mountainous districts to cover KRW 37,384,000 for mountainous district recovery expenses by illegally damaging 9,021 square meters of forest land by performing flating it as a c7,021 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify of an order for the restoration of unlawfully converted mountainous districts, such as a investigation report, location map, forest land register, basic information, actual condition survey report, actual condition map, current status system integration system, photographs, records of the amount of damage to standing trees and calculation of recovery expenses, records of calculation of recovery expenses, details of determination of forest product price trends, incumbent records, inspection and camping ground of reference land, etc.;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of imprisonment for criminal facts;

1. It shall be decided as ordered by the court on the grounds of not less than Article 62(1) of the Criminal Act (i.e., confession, reflectivity, the fact that the defendant has no criminal record for the same kind of crime, and the restoration work for reinstatement, etc.);

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