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(영문) 대구지방법원 포항지원 2019.05.02 2019고단125
산지관리법위반등
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to fell standing timber or extract or gather forest products in a forest shall obtain permission from the competent authority.

1. Nevertheless, on March 2017, the Defendant, without obtaining permission from the competent authority, laid down and cut 1,407.963 square meters of the above forest, using a digging hole, and installed cemeteries, and cut down trees 10gs of trees in the above forest by smelling tengs.

2. Around October 2017, the Defendant, without obtaining permission from the competent administrative authority, diverted a mountainous district by cutting the ground of 141.514 square meters out of the above forests by using a digging hole to install a spaw for growing mushroom of nearby farmland.

3. Around November 2017, in order to install containers for warehouse purposes in D without obtaining permission from the competent administrative authority, the Defendant cut the said forest by using a digging range of 89.15 square meters from the said forest, and installed containers, thereby converting the use of mountainous districts.

4. In order to build a water pool in E and F around May 2018 without obtaining permission from the competent administrative authority, the Defendant cut the land of 199.617 square meters out of the above forests by using a digging pool, and converted the use of mountainous districts by constructing a water pool.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A certified copy of each register and each forest register;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14(1) of the former Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016); Article 53 subparagraph 1 of Article 53 and Article 14(1) of the former Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 201); Article 53 subparagraph 1 of the same Act and Articles 2 through 4 of the former Management of Mountainous Districts Act as to criminal facts.

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