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(영문) 수원지방법원 여주지원 2017.01.18 2016고단1175

산지관리법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of the mountainous district, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority.

Nevertheless, the defendant from April 23, 2016 to the same year.

5. In order to create a hanok site from around 20.20, the form and quality of the mountainous district was changed by cutting the land from the forest equivalent to the sum of 61m2, 886m2, 886m2, 440m2, 437m2, 437m2, 42m2, 95m2, and 95m2,000,000,000,000 in Gyeonggi-gu, Gyeonggi-do, for the creation of a hanok site, without obtaining permission and permission for the diversion of mountainous district from

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (Submission of a document modifying the details of an accusation by an accuser);

1. Survey maps of each current status, registers of each land, confirmation certificates for each land use plan, and certified copies of each cadastral map;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 53 subparagraph 1 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Act on the facts constituting the crime, and Articles 140 subparagraph 1 and 56 (1) (unauthorized development acts) of the National Land Planning and Utilization Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considering the size of a mountainous district damaged, criminal records of the defendant, circumstances in which the restoration of a mountainous district has been completed, etc.);

1. The community service order under Article 62-2 of the Criminal Act;