beta
(영문) 대구지방법원 김천지원 2016.02.04 2015고단1296

산지관리법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

Nevertheless, from January 2015 to April 2, 2015, the Defendant cut and extracted soil and rocks on approximately KRW 1,707 square meters in Kimcheon-si B (the part not subject to permission for development activities in the following 3-B) without obtaining permission from the head of the Korea Forest Service.

2. Any person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry for the diversion of the farmland, as prescribed by Presidential Decree.

Nevertheless, from January 2015 to April 2, 2015, the Defendant cut and collected earth and rocks in Kimcheon-si C without obtaining permission from the Director of the Food and Agriculture Department for Food and Agriculture Industry (the part that did not obtain permission to engage in development activities in the following 3-B).

3. Violation of the National Land Planning and Utilization Act;

(a) Any person who intends to engage in development activities without permission 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;

Nevertheless, from January 2015 to April 201, the Defendant, without obtaining permission from the head of Kimcheon-si, performed banking and gathering soil and rocks on approximately 320 square meters in Kimcheon-si D (the part without obtaining permission to engage in development activities under the following paragraph).

B. The Defendant, who did not obtain permission for alteration from around January 2015 to April 201, engaged in development activities without obtaining permission for development activities from the Kimcheon-si, Kimcheon-si, with the permission from the Kimcheon-si, E, E, F, G, and H, and conducted cutting work using a cutter in excess of the permitted height, and conducted development activities without obtaining permission for alteration.

Summary of Evidence

1. The defendant's third oral statement;

1. A protocol concerning the examination of each police suspect to I or J;

1. Statement to K;

1. Each of the heads of Kimcheon-si.