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(영문) 수원지방법원 여주지원 2016.12.14 2016고단1074
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

A person who intends to convert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts for a specified purpose, and a person who intends to fell standing timber in a forest shall obtain permission from the competent authority.

Nevertheless, on October 2015, for the creation of a Class 1 neighborhood living facility (retail stores) and a road site, and for the use of a site for a camping site, the Defendant converted the use of a forest equivalent to KRW 1,741 square meters of B forest land, KRW 1,741 square meters of C forest land, KRW 14,517 square meters of D forest land, KRW 169 square meters of E forest land, KRW 169 square meters of G forest, KRW 5 square meters of G forest, KRW 24 square meters of H forest, KRW 3,475 square meters of forest land, and converted the use of a mountainous district into a mountainous district without obtaining permission from the competent administrative agency. In addition, the Defendant cut the forest equivalent to KRW 3,393 square meters of forest land, KRW 218 square meters of J forest land, KRW 3,611 square meters of forest land, KRW 500,000 of 3,393 square meters of forest land, KRW 477 square meters, 104 square meters of trees.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. The registration of the application of the forest survey report and the chest-high-ranking background by the police police officer;

1. A certified copy of each cadastral map, a certified copy of each forestry map, each land cadastre and each forestry register;

1. Each certificate of land use plan;

1. A written accusation;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (Unauthorized Permission for Conversion of Mountainous Districts), Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, and the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the same kind of electricity, and circumstances in which it is deemed that the mountainous district has been restored to its original state);

1. Social service order under Article 62-2 of the Criminal Act;

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