logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2014.12.12 2014고단1752
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.

1. On March 2010, the Defendant diverted a mountainous district of approximately KRW 5,090 square meters by removing bamboo, bamboo, miscellaneous trees, etc. using a refracker and cutting earth without obtaining permission from the head of Bosung-gun C and D, and cutting earth.

2. On October 2013, the Defendant diverted a mountainous district of approximately KRW 2,920 square meters by removing large trees using a refracker and cutting earth without obtaining permission from the head of Bosung-gun D mountainous district around 201.

3. On May 2014, the Defendant used a warehouse building of 12 square meters in size to convert a mountainous district into a mountainous district without obtaining permission from the head of Bosung-gun D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. The location map of forest damaged area, satellite photographs of forest damaged area, annual damaged area map, comparison and explanation of satellite photographs, photographs of forest damaged area and forest register for forest damaged area;

1. Each satellite photograph;

1. Photographs of an illegal building;

1. Application of Acts and subordinate statutes on photographs converted;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning facts constituting a crime;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the size of the mountainous district exclusively used by the defendant for sentencing under Article 62(1) of the Criminal Act is relatively large, it is so decided as per Disposition in view of the fact that the defendant reflects the crime of this case, has no same criminal record, and has restored the mountainous district to its original state, etc.

arrow