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(영문) 춘천지방법원 원주지원 2013.07.24 2013고단231
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four 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

1. A person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts for a specified purpose. However, around November 2010, the Defendant: (a) removed standing trees using heavy equipment, such as boomers, etc., and converted the form and quality of mountainous district into a road, without obtaining permission from the Minister of the Korea Forest

2. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the head of a Si/Gun, etc., but the Defendant, from May 201 to March 201, conducted development activities by cutting approximately three meters of land using heavy equipment, such as scrails, etc., and cutting off the land at approximately three meters from around May 201 to around March 201 without obtaining permission from the mayor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. The application of statutes to each on-site photographs, the details of consultation on forest diversion, and the modified illegal mountainous district damage/gu maps;

1. Article 53 subparagraph 1 of the relevant Act and subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (the occupation of conversion of a mountainous district without permission and the selection of imprisonment), and subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (the occupation of changes

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the accused reflects the wrongness of the accused, the accused does not have any particular

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