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(영문) 광주지방법원 순천지원 2016.10.17 2016고정108

산지관리법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the father of D, who is a forest owner in Mineyang-si.

1. Any person who violates the Management of Mountainous Districts Act shall obtain permission from the competent administrative agencies to divert a mountainous district;

Nevertheless, on April 2015, the Defendant changed the quality of land and converted the use of mountainous district into a mountainous district, such as cutting 33 square meters of land among 13,890 square meters of land in the above C forest land as a blicker without permission.

2. Where any person who violates the National Land Planning and Utilization Act intends to change the form and quality of land, he/she shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or Gun;

Nevertheless, without permission, the defendant changed the form and quality of land as described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of photograph, site, satellite photograph, and cadastral map and statutes;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized conversion of a mountainous district), subparagraph 1 of Article 140, and Article 56 (1) and (2) of the National Land Planning and Utilization Act on criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Summary of this part of the facts charged

(a) Any person who violates the Mountainous Districts Management Act shall obtain permission from the competent authorities to divert a mountainous district;

Nevertheless, the Defendant, without permission, was guilty on the remaining part of 33 square meters, of 13,890 square meters from the date when it was impossible to know that it was less than 2013 square meters, during April 2015, the Defendant was found guilty of 13,890 square meters of lightyang-si forest land and 567 square meters of 33 square meters.

Of E, E, 5,122 square meters adjacent to the above forest and E, 428 square meters, and F road 289 square meters, the remainder is excluded from 1,113 square meters, which was found guilty of being charged with a total of 1,146 square meters, and 33 square meters, which were charged with a total of 1,113 square meters. It changed the quality of land to convert the form of land to a mountainous district.

(b) national land planning; and