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(영문) 대전지방법원 2018.06.22 2017고단4181
산지관리법위반
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above defendants is against the defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In order to divert a mountainous district, any person shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district, specifying the purpose thereof.

Nevertheless, the Defendants conspired to convert mountainous districts into mountainous districts without obtaining permission from the competent authority on July 19, 2017 to the 29th day of the same month without obtaining permission for the conversion of mountainous districts from the competent authority, and conducted 2,010 square meters conversion of mountainous districts, such as filling-up and flat work, with a scale of 2,010 square meters, to install cemeteries in the Chungcheong-gun, Chungcheongnam-gun, G, H, I, and J forests.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a written report on the offender's domicile (including accompanying documents, such as the list and location map of suspects);

1. Articles 53 subparag. 1 and 14 subparag. 1 of the Act on the Management of Mountainous Districts and Article 30 of the Criminal Act regarding criminal facts do not require the punishment of crimes in light of the size of the diversion of mountainous districts and the degree of damage thereof as illegal for the reason of sentencing under Article 53 subparag. 1 and Article 14 subparag. 1 of the Act on the Management of Mountainous Districts and Article 30 of the Criminal Act. However, the punishment of the crime of this case is determined as ordered in consideration of various sentencing conditions, including the Defendants’ reflects the fact, the fact that the damaged mountainous district was committed in order to create a cemetery with lack of legal knowledge

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