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(영문) 창원지방법원 밀양지원 2014.10.16 2014고단242
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

Although a person wishing to divert a mountainous district has obtained permission from the competent authority, the Defendant, who was not in the Republic of Korea around January 25, 2014 and was in the 2,856 square meters of five lots outside the Gyeongnam-gun, and was in the 2,856 square meters of five lots outside the Gun, without obtaining permission from the head of the Gun. In order to use the said mountainous district as a dry field, the Defendant performed the maring work using the excavating machine and he

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of the actual condition survey report, the location map of forest damaged area, the forest damaged area, the forestry map, the map of forest damaged area, the surveying room map, the computation report of damaged amount, and the forestry register

1. Application of statutes on site photographs;

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 and the selection of imprisonment for criminal facts;

1. Article 62 (1) of the Criminal Act;

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

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