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(영문) 광주지방법원 해남지원 2019.01.10 2018고단241
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 241"

1. No person who violates the Management of Mountainous Districts Act shall convert a mountainous district without obtaining permission from a competent administrative agency for conversion of a mountainous district;

Nevertheless, on August 2017, the Defendant converted the use of mountainous districts into mountainous districts, on a total of 6,904 square meters, such as the 3,231 square meters (Quasi-Preservation Mountainous Districts) in Jindo-gun, Jindo-do, the Defendant owned by the Defendant, and the 3,231 square meters (Quasi-Preservation Mountainous Districts), D2,603 square meters (Preservation Mountainous Districts), and F 1,070 square meters (Preservation Mountainous Districts) owned by E, for about 10 days, without obtaining permission from the competent authorities for conversion of mountainous districts.

"2018 Highest 245"

2. Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the competent authorities to cut standing timber or to mine or gather forest products in a forest;

On December 20, 2017, the Defendant cut 48 weeks, such as 147,90 won in the city, without obtaining permission from the competent authorities, in Jindo-gun G, Jindo-do.

Summary of Evidence

"2018 Highest 241"

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written report on criminal branch;

1. Photographs;

1. The actual condition survey report;

1. Location map;

1. Satellite photographs;

1. Forestry map and forestry cadastral book;

1. A certificate of land use plan;

1. Current status photographs;

1. Reporting on the results of surveying current status of damaged forests due to violation of the Mountainous Districts Management Act;

1. Cadastral map;

1. A ground plan "2018 Highest 245";

1. Defendant's legal statement;

1. The police statement of H;

1. Location map;

1. Satellite photographs;

1. Forestry map;

1. Forestry register;

1. Current status photographs;

1. Application of the statutes to the wood survey report;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, subparagraph 1 of Article 53, Article 14 (1) of the Management of Mountainous Districts Act, Article 74 (2) 2, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning criminal facts, the selection of punishment, and the selection of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are permitted.

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