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(영문) 수원지방법원 여주지원 2017.09.19 2017고단556

산지관리법위반등

Text

A defendant shall be punished by imprisonment for six 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, sizes, etc. of the mountainous districts prescribed by Presidential Decree, and a person who intends to fell standing timber or extract or gather forest products in a forest shall obtain permission from the competent authority, 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.

1. From September 2015 to October 2016, the Defendant violated the Mountainous Districts Management Act and the National Land Planning and Utilization Act (hereinafter “Mountainous Districts Management Act”) performed construction works with permission to convert a mountainous district, etc. for the creation of a site for a detached house in the Gyeyang-gun B B of Gyeonggi-do, and changed its form and quality by cutting off and raising the said land into approximately 246 square meters for B, about 970 square meters for C, about 1,380 square meters for D, about 1,380 square meters for D, about 2,469 square meters for E, about 2,469 square meters for E, and about 5,745 square meters for F.

Accordingly, the defendant has diverted mountainous districts without obtaining permission from the competent authorities for mountainous district conversion and development activities.

2. From September 2015 to October 2016, the Defendant violated the Creation and Management of Forest Resources Act was performing construction works as described in the foregoing paragraph 1. From around the Gyeonggi-do Gyeyang-gun B B, in the same manner, with respect to G, with respect to approximately 109 square meters for G, approximately 334 square meters for E, and approximately 1,652 square meters for F, and approximately 2,095 square meters for aggregate, which are growing up to the said land without obtaining permission from the competent administrative agency, and cut down standing timber of approximately 89 square meters for pine trees, 66 square meters for 155 square meters in total, which are growing up on the said land without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation;

1. A statement of H and I;

1. Survey on timber entry;

1. Survey maps of illegal damaged land;

1. On-site photographs;

1. Forest land register;

1. A certificate of land use plan;

1. A copy of a forest with knowledge of issuance of a permit for mountainous district diversion;

1. A copy of each forest survey document;