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(영문) 대전지방법원 서산지원 2019.03.07 2018고단1308

국토의계획및이용에관한법률위반등

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

The Defendant changed the form and quality of land by cutting off the height of 7.5 meters using heavy equipment in Chungcheongnam-gun, Chungcheongnam-gun, C, D, E, F, and forest in G, which is a conservation management area around July 2016, without obtaining permission for development activities and conversion of a mountainous district, and by creating a site for electric source by stockpiling stone on the cut side.

As a result, the Defendant conducted development activities without obtaining permission from the competent authorities, and simultaneously conducted conversion of a mountainous district.

The Defendant is the owner of H, I, J, K, or L Forest, a total of 5,421 square meters and 5,421 square meters in total and 515 square meters in M.

Any person who intends to convert a mountainous district shall designate its use and obtain permission from the Minister of the Korea Forest Service, etc., and engage in development activities with permission from a competent administrative agency.

Nevertheless, on July 2016, the Defendant cut the land at a height of about three meters for the purpose of creating access roads and sites to detached houses in the area of 2,744 square meters among 5,421 square meters of the above forest land and 515 square meters of the above 5,2016, and then packaged it to change the form and quality of land.

As a result, the Defendant conducted development activities without obtaining permission from the competent authorities, and simultaneously converted a mountainous district.

Summary of Evidence

"2018 Highest 1308"

1. Defendant's legal statement;

1. Each statement prepared by the N orO;

1. A written accusation;

1. A certificate of registered matters, land cadastre, certificate of land use and actual plane plan;

1. Earthal account statement and actual plane plan;

1. The current status photograph of 2018 Highest 1321;

1. Defendant's legal statement;

1. Each statement prepared by the N orO;

1. A written accusation;

1. A certificate of registered matters, land cadastre, land use plan confirmation, survey ground plan, and project plan;

1. Surveying floor plan;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 140 Subparag. 1 and Article 56(1)2 of the National Land Planning and Utilization Act (unauthorized point of development activities) on criminal facts, and Article 53 Subparag. 1 and the main sentence of Article 14(1) of the Management of Mountainous Districts Act shall be permitted.