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(영문) 창원지방법원 거창지원 2017.06.09 2016고단256
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the competent authorities, diverted the mountainous district without permission in a manner such as flating work with a size of about 16,900 square meters in a mountainous district with a size of 16,90 square meters from March 15, 2016, for the purpose of cultivating shot trees and blus in the mountainous district located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A survey report on actual conditions, a location map and cadastral map, field photographer, data on damaged area, and text of a public announcement of expenses for restoring a mountainous district;

1. A certified copy of register;

1. Investigation reports (matters of consultation on diversion of the relevant forest land for mountainous districts in 2013) and the application of statutes;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. Article 62(1) of the Criminal Act on the suspension of execution (the restoration of the mountainous district by the defendant at considerable expenses to the original state and the refusal to repeat the same;

the defendant has previously been punished for the same kind of crime, and other circumstances favorable to the defendant

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