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(영문) 대전지방법원 천안지원 2019.06.12 2018고단2897
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

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 mountainous districts specified by Presidential Decree, size, etc.

From March 2015 to July 2017, the Defendant damaged the above forest land by removing, cutting, and embankinging the trees of the above forest land with a site of 17,212 square meters in total, by using caters, etc., for the purpose of cultivating orchard and installing access roads in the Dong-gu, Chungcheongnam-gu, Seoul, and D quasi-preserved mountainous district without obtaining permission from the tent market.

As a result, the Defendant converted a mountainous district without obtaining permission for conversion of a astronomical market.

Summary of Evidence

1. Defendant's legal statement;

1. A practical survey report, a location map, a field photograph, a records of calculating the amount of damage, the current status of illegal mountainous areas, and an airline dust;

1. Application of Acts and subordinate statutes confirming land use plans;

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

1. The sentence shall be determined as ordered in light of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act in the instant case with the suspension of execution in consideration of the following: (b) the area of the damaged site is very broad; (c) the Defendant confessions and reflects the instant crime; (d) the restoration of the site damaged by the Defendant was completed;

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