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(영문) 의정부지방법원 고양지원 2013.11.28 2013고단1686
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years 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 for the use thereof from the Minister of the Korea Forest Service.

Nevertheless, from November 201 to June 6, 2013, the Defendant, in the forest located in Pakistan-si, C, D, and Pakistan-si, E, F, G, and H, without obtaining permission from the Minister of the Korea Forest Service, installed three containers, toilets, water tank facilities, etc., and operated a camping site on a scale of approximately 5,123 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A certificate;

1. Application of Acts and subordinate statutes on site photographs, camping aerial photographys, operation photographs of the camping ground at the time of crackdown, operation photographs of the camping ground, practical plane plans, land register, closure on the suspect's operating website, and to photographic 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 (the occupation of conversion of a mountainous district without permission and the selection of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances of sentencing) is significant in the size of the mountainous district used without permission by the Defendant, and the Defendant appears to have continued to commit an illegal act under the circumstances where I, the former possessor of the relevant mountainous district, was aware that he/she was punished by the diversion of a mountainous district without permission. However, the nature of the crime is poor. However, the Defendant is against the time of committing the crime, and the recent mountainous district is deemed to have been restored to the mountainous district, and there is no special criminal history except for the past one-time fine, and all other circumstances such as the Defendant’s age, character and conduct, home environment, etc. shall be determined as above, by comprehensively

It is so decided as per Disposition for the above reasons.

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