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(영문) 수원지방법원 여주지원 2017.09.29 2017고단730
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall convert a mountainous district without obtaining permission from the head of a forest office or any other competent administrative agency for conversion of a mountainous district.

Nevertheless, from March 201 to December 2014, 201, the Defendant used Potents, etc. to develop a dry field with approximately KRW 4,900 square meters in order to develop a dry field without obtaining permission for mountainous district conversion from Echeon-si C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. Each written statement of D and E;

1. Drawings of illegally damaged mountainous districts;

1. On-site photographs of illegally damaged mountainous districts;

1. Application of aerial photography statutes;

1. Subparagraph 1 of Article 53 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the choice of imprisonment with prison labor for a crime

1. Considering the fact that the area of the mountainous district exclusively used for the reasons for sentencing under Article 62(1) of the Criminal Act is considerably large, and that there is still a part that has not been restored to its original state, the sentence is ordered as ordered, taking into account all the factors of sentencing under Article 51 of the Criminal Act, including the fact that the defendant's act is recognized and against his act, part of his act appears to have been restored to its original state, the defendant's age, sex, environment, and any criminal history.

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