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제주지방법원 2013.09.25 2013고단1041

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Any person who intends to convert a mountainous district shall designate its use and obtain permission from the Minister of the Korea Forest Service;

Nevertheless, the Defendant did not obtain permission from the competent authority from May 15, 2013 to the 17th day of the same month, and changed the form and quality of the mountainous district by removing trees using dump trucks, etc. with a size of approximately 12,854 square meters in Jeju-si, C, and D forest, and with a size of 12,854 square meters in order to create a stock farm, and by cutting or dump trucks.

2. A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority;

Nevertheless, without obtaining permission from the competent authorities, the Defendant changed the form and quality of the forest above, which is a natural green area, at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The photograph ledger, the statement of calculation of damage amount, and the actual survey report;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the register, a certificate of land use plan);

1. Article 53 subparagraph 1 of the relevant Article of the Mountainous Districts Management Act, the main sentence of Article 14 (1) (the occupation of changing the form and quality of mountainous district), Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 56 (1) (the occupation of changing the form and quality of mountainous district) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of a management of a mountainous district heavier than that of a punishment);

1. Selection of sentence alternative imprisonment with prison labor (such as the fact that the area changing form and quality has been wide and damaged has not been restored);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (the fact that there are parts of land owned by the defendant; the defendant changed the form and quality of each of the above land to carry on a wood farming business; the defendant does not continue to carry on a wood farming business on each of the above land after regulation; and the fact that the relevant