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(영문) 창원지방법원 진주지원 2018.03.27 2018고단28

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 3, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to the obstruction of exercising the right of abuse of authority in the branch of the Changwon District Court, and completed the execution of the sentence at the detention center on August 2, 2016.

[2] A person who intends to convert a mountainous district to a mountainous district shall obtain permission from the head of the forest office, etc. for the purpose of use, and a person who intends to engage in development activities shall obtain permission from the competent administrative agency.

Nevertheless, on March 2017, the Defendant: (a) changed the form and quality of a mountainous district by piling up a stone shed with a height of at least two meters in 489 square meters in the forest land B, Cheongnam-gun, Busan-gun; (b) engaged in development activities at the same time; (c) he stored a stone shed with a height of at least two meters in the size of 274 square meters in the 374 square meters in the 188 square meters in the same city, Si-si, Busan-gun; (d) stored a stone shed at a height of at least two meters in the 188 square meters in the 1,309 square meters in the 1,309 square meters in the E, cut and filled a stone shed; and (e) performed development activities in such a way that the total horizontal projection area of four parcels

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written accusation against a person who alters the form and quality of illegal land, a written accusation, a forest geographic information, a photographbook, a land register, and a complete certificate of registration;

1. A certificate of land use plan;

1. A report on investigation (on the site inspection);

1. Drawings for reference;

1. Ordinance on urban and Gun planning and guidelines for operation of development activities;

1. To submit a report of investigation (F photographic);

1. A report on investigation (report in currency with a suspect);

1. Investigation report (report in currency with the official in charge of the F of the Si/Gun, an accuser);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of a binding offense, binding of criminal records related to repeated crimes, and date of expiration of term of punishment);

1. Article 140 subparag. 1, Article 56(1)1, and Article 56(1)2 of the National Land Planning and Utilization Act (unpermitted Development Activities) on criminal facts; Article 53 subparag. 1, and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes