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(영문) 청주지방법원 충주지원 2016.12.23 2016고단131
산지관리법위반
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

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 the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and obtain permission to change permitted matters.

The Defendant obtained permission for the conversion of a single house and access road construction from around October 20, 2010 to June 30, 2015 regarding the construction of a new house and access road with respect to the land outside B and seven lots outside B in Chungcheong City from around October 20, 2010 to June 30, 2015.

However, on November 2013, the Defendant changed the permission to divert a mountainous district by means of cutting the site from the above C and four lots outside the above C, 2,251 square meters, which are mountainous districts without obtaining permission to divert the Chungcheong market, and the reduction of the site by using the excavating machine.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the practical survey report and location map to statutes;

1. Article 54 of the Management of Mountainous Districts Act and Articles 54 (1) and 14 (1) of the Management of Mountainous Districts Act which prescribe the applicable law to facts constituting a crime.

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

1. Circumstances unfavorable to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant is recognized to commit the instant crime; the defendant is deemed to have completed restoration from the competent authority or to have filed an application for permission for change with the competent authority; the defendant has no criminal record for the same kind of punishment; the above circumstances and the defendant's age, character and conduct, environment, background, means and consequence of the crime; and the circumstances after the crime are considered, and the punishment shall be determined as ordered by the order.

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