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(영문) 수원지방법원 여주지원 2013.08.13 2013고단404
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the type, area, etc. of the mountainous district

Nevertheless, the Defendant did not obtain permission for conversion of a mountainous district from July 201 to September 2012, 201 without obtaining permission for conversion of a mountainous district under the name of Ischeon-si D and E Co., Ltd., and in the name of H in G, and without obtaining permission for conversion of a mountainous district, the Defendant converted the factory site and its legal surface by cutting off and banking the ground and banking the ground in the manner of cutting and banking, etc., of 1,504 square meters out of the adjacent land in Echeon-si, E-si, E-si, the J land, of 861 square meters out of J forest, of 139 square meters, of the aggregate of 1,610 square meters out of E-si, E forest, and of 1,610 square meters out of E-si, and of 1,614 square meters out

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Lritten statements;

1. Application of each written confirmation of land use plan, forest damaged map, and tort site photographs-related Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution seems to be considerably wide in size of the land used by the defendant without permission, the responsibility of the defendant is not to be weak, considering the fact that the defendant has no same criminal record, most of the damaged land is legal aspect, the defendant has completed mountainous district restoration work, and the defendant has completed mountainous district restoration work, and the age of the defendant has the conditions for sentencing, the same type

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