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(영문) 대구지방법원 경주지원 2018.08.16 2018고단361
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

A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and shall not divert the mountainous district without obtaining permission to divert

Nevertheless, from January 2015 to December 2012, 2016, the Defendant changed the form and quality of a mountainous district by means of cutting down the slope of the forest using the digging hole and expanding the area of 348 square meters in the area of 1,187 square meters among the forest land B, 1,735 square meters among the forest land C, 317 square meters among D forest land, 318 square meters among E forest land, and 348 square meters among F forest land, without obtaining permission for mountainous district conversion.

As a result, the Defendant converted the use of mountainous districts without obtaining permission for each mountainous district conversion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. One copy of an old map for the diversion of illegal mountainous districts;

1. A survey map of the current status;

1. Application of Acts and subordinate statutes in Part VIII of the paper photographs before illegal mountainous districts;

1. Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) (amended by Act No. 14361, Dec. 2, 201) (limited to the diversion of an unauthorized mountainous district, including the diversion of an unauthorized mountainous district), the selection of imprisonment with labor

1. The provision prohibiting the diversion of a mountainous district without permission under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is established to prevent the development of a mountainous district and build an environment-friendly mountainous district utilization system through the comprehensive and systematic management of a mountainous district. In light of the public nature of the aforementioned provision, it is recognized that the effectiveness of the system is necessary

However, the fact that the defendant recognized all of the crimes of this case and reflected, the fact that the defendant restored the mountainous district damaged by the crime of this case to its original state, and there are circumstances to consider the circumstances leading to the crime of this case.

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