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(영문) 청주지방법원 제천지원 2015.11.19 2015고단459
산지관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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 the types, areas, etc. of mountainous districts

Nevertheless, the Defendant, without obtaining permission from the competent administrative authority on November 2014, used equipment such as digging machines, etc. in the area of 1,547m2, D forest, 2,37m2, E forest, and 3,657m2, 3,657m2, Seocheon-si, Incheon-si, and converted the use of mountainous districts of 7,541m2 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Location map and on-site photographs, survey result map and forest land register;

1. Report of investigation results, and public notice of the criteria for calculation of expenses for restoring mountainous districts in 2015;

1. Application of confirmations on land use plans and airline-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has diverted to a considerable area without obtaining permission for conversion of a mountainous district, and the fact that such act is highly unfavorable to the defendant, and that the defendant has led to confessions and reflects the crime of this case, and that there is no criminal conviction or any other criminal offense within the past 20 years is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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