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(영문) 부산지방법원 2016.03.09 2015고정4743

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 18, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Mountainous Districts Management Act at the Busan District Court on 8 months, and the judgment became final and conclusive on February 26, 2016.

A person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and shall not divert farmland outside an agricultural promotion area without obtaining permission to divert farmland; a person who intends to divert a mountainous district shall not divert a mountainous district without obtaining permission to divert the mountainous district; and a person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest

Nevertheless, the Defendant, at the end of April 2015, laid down the gravel in order to use it as an access road to the H, I, J, K, L, M, Jeon field and N,O,D, and forest land in Gangseo-gu, Busan, which is a land where it is impossible to engage in development activities without obtaining permission, etc. from the competent administrative agency for the development activities outside the agriculture promotion area, and cut off 14g trees in the N,O, D, and forest land.

The Defendant, without permission from the competent permitting authority, cut standing timber by changing the form and quality of each of the above land and diverting the mountainous district without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of public official in charge of preparation of P;

1. A written accusation;

1. Photographs at each place of violation, order for correction of restoration of farmland to the original state, current status of damage, entire certificate of registered matters, and land use plan, and terms and conditions of establishment of agriculture in the vicinity of

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and application of the statutes governing the judgment;

1. Article 140 Subparag. 1, Article 56(1)2 (a) of the Act on the Utilization and Planning of National Land under the relevant Act on criminal facts (referring to changing the form and quality of land without permission), Articles 57(2) and 34(1) of the Farmland Management Act (the agriculture promotion area is the same);