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(영문) 대전지방법원 천안지원 2020.05.27 2020고단408
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification, area, etc. of mountainous districts

On November 2018, the Defendant, without obtaining permission from the Minister of the Korea Forest Service, used a pokele to cut and embling the ground and piling up stone with a scale of approximately 1,083 square meters in forest land, under the pretext of restoring mast disasters in Asan-si B, C, and D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

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. The sentence shall be determined as ordered in consideration of the fact that the area of the mountainous district whose reason for sentencing is damaged by the defendant under Article 62(1) of the Criminal Act, the fact that the defendant has been punished by a fine three times for the same crime, the defendant recognizes the crime, and the fact that the damaged mountainous district has been restored by the defendant;

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