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(영문) 전주지방법원 정읍지원 2019.07.23 2019고단243
산지관리법위반
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 became 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, a Mayor/Do Governor, or the head of a Si/Gun/Gu according to classification of mountainous district prescribed by Presidential Decree and its use.

Nevertheless, on September 2018, the Defendant developed the same mountainous district and converted the mountainous district to which KRW 3,511,200 is equivalent to the market value without obtaining permission from the Administrator of the Korea Forest Service, etc., on a high Chang-gun B 7,600 square meters, which is a quasi-permanent conservation mountainous district for police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of calculation of the amount of damage from damaged trees;

1. Application of Acts and subordinate statutes to land use planning certificates, forestry register and forestry map;

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. Determination of the same sentence as the order shall be made by comprehensively taking into account the following factors: the area of the reason for the suspended sentence of punishment under Article 62(1) of the Criminal Act; the restoration of the original state to the original state; the defendant has no record of special punishment; and the defendant's age, character and conduct; environment; motive, means and consequence of the crime; and the circumstances after the crime, etc.

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