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(영문) 수원지방법원 여주지원 2013.09.06 2013고단549
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a staff member of CF for the purpose of ginseng food manufacturing business, etc.

Any person who intends to convert a mountainous district shall obtain permission for the use thereof from the Minister of the Korea Forest Service.

Nevertheless, on December 15, 2010, the Defendant created a ginseng field by taking advantage of an excavated machine to a mountainous district of 10,108 square meters in Gyeonggi-do, E forest, 1,411 square meters in forest, 9,093 square meters in F forest, 842 square meters in G forest, 1,339 square meters in H forest, 1,323 square meters in total among H forest, 23,516 square meters in 1 forest, and 723,516 square meters in 23,516 square meters in 1 forest.

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of J, K, L, and M;

1. Application of illegal mountainous district photographs, current status levels, and airline-related Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act (Act No. 10331, May 31, 2010) and the main sentence of Article 14 (1) of the former Mountainous Districts Management Act and the selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant, at the N's direction, committed the instant crime contingently, the defendant has no criminal power for the same kind of crime, and the N is going to restore the mountainous district damaged by the C Agricultural Association,

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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