logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.07.07 2017고단1883
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of a forest agency, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to extract earth or stone in a mountainous district which is not a national forest shall obtain permission from the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu

The Defendant did not obtain permission to convert mountainous districts and permission to collect earth and stones from the competent authorities, and removed approximately 3,063 square meters from the size of 3,063 square meters from Jan. 2016 to Apr. 2016, approximately 50-60 square meters of trees, such as sand, etc. from the steel-gun B, and went against 270 tons of ambacos in place.

As a result, the defendant diverted mountainous districts and collected earth and rocks without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes, such as restoration orders of mountainous districts;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts of which punishment is determined for the crime (unauthorized use of mountainous districts, choice of imprisonment, etc.), Article 53 subparagraph 3 of the Mountainous Districts Management Act, and Article 25 (1) of the Mountainous Districts Management Act (unauthorized use of mountainous districts, and choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

arrow