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(영문) 의정부지방법원 고양지원 2018.03.30 2018고단281

국토의계획및이용에관한법률위반등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as construction of buildings in violation of the National Land Planning and Utilization Act, construction of structures, change of form and quality of land, etc. shall obtain permission for development activities from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, branches of Special Self-Governing Cities, Special Self-Governing Dos, or the heads of Sis/Guns

A. The Defendant was engaged in development activities with the approval of an implementation plan for the land development project from the Gun Office in order to develop land as farmland in the 2,665 square meters among the C Forest land in Incheon, and from June 2, 2016 to August 22, 2017, without obtaining permission to change the form and quality by installing reinforced earth retaining walls (a total of the parts installed on the land specified in 1.5m or 3m in height and 1m or 60m in length) during the period from June 2016 to August 2, 2017, and changed the form and quality by cutting and banking, etc.

B. The Defendant did not obtain the aforementioned permission for development. The Defendant installed 490 square meters of the C Forest as well as 1,940 square meters of the D miscellaneous land, and 218 square meters of the E preceding 218 square meters of the E during the period indicated in the paragraph (a) of Article 1, and changed its form and quality by cutting and banking up the ground.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and

A. In the above C Forest land (a mountainous district, other than a preservation mountainous district), the Defendant was engaged in development activities for the purpose of farmland reclamation with permission to convert a mountainous district, without obtaining the above permission to change the form and quality of the mountainous district, the Defendant installed the reinforced soil retaining wall (a height of 1.5m or 3m, or plus the part installed on the land specified in paragraph 1-b) for the period specified in paragraph 1, and converted the form and quality of the mountainous district by cutting and banking.