beta
(영문) 의정부지방법원 2020.05.28 2019고단3089

산지관리법위반

Text

A defendant shall be punished by imprisonment for one year.

However, 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

On September 20, 2017, the Defendant obtained approval of an implementation plan for the reclamation project aimed at creating farmland with respect to the portion of 7,450 square meters of land of 62,071 square meters of forest land B in Macheon-si, a preserved mountainous district (a mountainous district for forestry) around September 20, 201.

1. The Defendant did not obtain permission for change of the form and quality of land from the competent authority, and instead diverted preserved mountainous districts without permission by changing the form and quality of land through construction business operators commissioned by the Defendant from January 2, 2018 to September 2018.

2. A person who intends to collect earth or stone (including processing or transporting them out of mountainous districts) in mountainous districts in a forest which is not a state forest shall obtain permission to collect earth or stone from the competent administrative agency, and the same shall also apply to cases where he/she intends

Nevertheless, without obtaining the above permission to collect earth and rocks, the Defendant collected earth and rocks from 69,000 cubic meters in the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Written statements prepared D and F;

1. Application of the Act and subordinate statutes to each location map and on-site photographs, current status surveying maps (illegally damaged areas), earth account sheets, approval and notification of implementation plans for reclamation projects (A), and official drawings (B, C) and written approval of approval of implementation plans for reclamation projects, land use planning confirmation sources (B, C), two copies of land use planning confirmation sources (B, C), standards for calculating recovery costs as of September 2018, annual aerial photographys (2016-2018), site photographs (2018), on-site photographs (hereinafter referred to as “18 September 10, 198), submission of data, such as an order for temporary suspension of mountainous district conversion (A), performance confirmations, etc., and payment contracts (hereinafter referred to as “payment contracts”).

1. Article 53 subparagraph 1 of the relevant Act and subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1) (the occupation of a mountainous district converted without permission for change), subparagraph 3 of Article 53, and Article 25 (1) of the same Act concerning facts constituting a crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Criminal Code among concurrent crimes.