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(영문) 의정부지방법원 2020.11.16 2020고단3727
산지관리법위반
Text

A defendant shall be punished by imprisonment for six 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

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission for conversion of mountainous district, set up a tent, etc. in the Gyeonggi-si Forest and B, which is a preserved mountainous district, around 2016, and used it as a bridge, etc., with a 1,080 square meters area located in the 790 square meters area around 2017, and used it as a playground, etc., and used it as a playground, etc., and used it as a place for a rest.

As a result, the Defendant changed the form and quality of land without permission for mountainous district conversion and set up a structure to divert mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. GISD photographs on illegal deforestation areas;

1. A national land information platform road map;

1. Field photographs of illegal mountainous district conversion;

1. Activities for illegal diversion of mountainous districts and airlines at each time;

1. Cadastral map;

1. Application of Acts and subordinate statutes confirming land use plans;

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, comprehensively including the relevant Article of criminal facts and the choice of punishment;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the conditions of all the sentencing indicated in the records, such as the defendant’s age, character and conduct, environment, motive and consequence of the crime, circumstances before and after the crime, and circumstances leading to the crime, etc. shall be determined as ordered.

An unfavorable circumstance: A normal condition that is substantially favorable to the area of the converted mountainous district: A confession that is against the law while making a confession, removal of a tent and a tree knick, etc., and there is no record of punishment exceeding the fine.

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