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(영문) 창원지방법원 거창지원 2016.05.18 2015고단355
산지관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

A person who intends to divert a mountainous district shall obtain permission from the head of a forest, etc. according to the classification of the types, areas, etc. of mountainous districts, and where the form and quality of land are changed, permission from the head of a Gun shall be obtained, and permission from the head of a Gun shall be obtained

Nevertheless, on April 2015, the Defendant converted the use of mountainous districts and changed the form and quality of land at the same time by cutting down 4,935 square meters of the above forest land and raising dry field without obtaining permission from the Administrator of the Forestry Administration and permission for development activities, etc., in forest land B located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes accompanying a written accusation and field photograph;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act (a point of changing the form and quality of land) concerning facts constituting an offense, and Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the same Act (a point of diversion of mountainous districts);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who violates a mountainous district management with heavier punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the accused has no previous convictions in the same way, and the fact that the damaged mountainous district has been restored to its original state);

1. The community service order under Article 62-2 of the Criminal Act;

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