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(영문) 대구지방법원 경주지원 2015.10.15 2015고단212
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

A person who intends to temporarily use a mountainous district for the installation of disaster prevention facilities and cultivation of ornamental forest plants shall report the mountainous district of state forests to the Minister of the Korea Forest Service and to the head of Si/Gun/Gu with regard to mountainous district of

Nevertheless, on April 2014, the Defendant temporarily used a mountainous district in a manner that temporarily uses a 3,502 square meters, H 1,905 square meters, 107 square meters, and 1,767 square meters in total, including a 693 square meters, D 679 square meters, E 97 square meters, and F 298 square meters, in a manner that temporarily uses the relevant administrative agency without reporting the temporary use of a mountainous district to prevent a disaster, and cuts a boom for the purpose of preventing a disaster, using equipment, such as a boom, etc., and temporarily used a mountainous district in which a boom tree, etc. is planted. On April 2014, the Defendant temporarily used a mountainous district in a manner that temporarily uses a 4,968 square meters in total, including a 3,502 square meters, G 1,905 square meters, 174 square meters, K34 square meters, and L246 square meters, without reporting to the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (on-site verification) and a report on the criminal branch;

1. Survey maps and forest land register for the current status;

1. Application of field photographs and aerial photography statutes;

1. Article 55 of the Act on the Punishment of Mountainous Districts and Articles 55 and 15-2 (2) of the Management of Mountainous Districts Act and the selection of imprisonment for criminal facts;

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (including the circumstances leading to the commission of a crime and the fact that the restoration of a forest takes place);

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