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(영문) 광주지방법원순천지원 2020.09.24 2019고단2657

국토의계획및이용에관한법률위반등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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, or the head of a Si/Gun, and a person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service for mountainous district of state forests and from the head of a Si/Gun/Gu

Nevertheless, from the end of 2016 to the beginning of 2017, the Defendant, without permission, changed the form and quality of land and converted the use of mountainous districts by making water a drainage channel on the rice field in Mayang-si, C, and D, E, F, G, H, I, I, and J, the total area of which is 6,229 square meters in the land of 6,229 square meters in size (referring to mountainous districts 572.8 square meters), and cutting and banking at least 50 centimeters in size.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation filed against K and L;

1. Location map and the site for photograph;

1. Application of Acts and subordinate statutes on photographed land;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (including the fact that development activities are performed without permission), Article 53 subparagraph 1 of the Management of Mountainous Districts Act, and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (including the fact that a mountainous district is converted without permission, and the fact that a mountainous district is converted);

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the restoration of a damaged area has been completed, the fact that a defendant commits a mistake, and the fact that there is no criminal record exceeding the same