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(영문) 춘천지방법원 속초지원 2018.08.29 2017고단463
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates C in Gosung-gun B.

A person who intends to divert a mountainous district shall obtain permission from the competent authority to set its use and obtain permission. However, the Defendant, without obtaining permission from the competent authority on June 2014, 13,423 square meters of the relevant mountainous district from 10 square meters of high-gun D, a quasi-containive mountain for the first time on June 2014, and 13,423 square meters of the relevant mountainous district, and stuffed construction waste recycling goods generated from the relevant stock company C.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to the actual survey report, location map, protocol by branch, photograph register, forest register, certificate of land use plan, and current status of permission to divert mountainous districts;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. It is an unfavorable circumstance that the exclusive use area is broad without permission for sentencing under Article 62(1) of the Criminal Act, and that the period of illegal use is not shorter than the period of illegal use.

However, in light of the fact that the defendant recognized the crime, the financial situation is not good while carrying out the project with permission to convert mountainous districts, and the crime of this case is likely to result in the crime of this case after the execution of the project. It is so decided as per Disposition by the Supreme Court.

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