beta
(영문) 창원지방법원 진주지원 2020.05.07 2019고단1735

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service and other competent authorities in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and any person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority, such as the Special Metropolitan City Mayor, etc., and shall not alter the form of land by cutting

Nevertheless, from March 20, 2019 to March 28, 2019, the Defendant cut and filled up 502 square meters out of 34,314 square meters of forest land within the Gyeongnam-Gun, which is a forest conservation zone, from around March 20, 2019, and changed the shape of land without obtaining permission from the competent authority. At the same time, the Defendant changed the shape of land within the forest conservation zone, and simultaneously converted the use of mountainous districts without obtaining permission from the competent authority, such as changing the shape of land within the forest conservation zone, and changed the form and quality of land without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to the forestry map, illegal forest damaged area protocol, photographer of forest victim, field photograph, forest land register, land cadastre, land utilization plan confirmation certificate, portal site interview course and photographs, photographing photographs, parcel protocol, and written confirmation of land use plan;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development acts) on criminal facts; subparagraph 1 of Article 53 and Article 14 (1) of the Management of Mountainous Districts Act; Article 54 (2) 1 and Article 9 (1) 4 of the Forest Protection Act (the alteration of the quality of land within a forest protection zone);

1. Articles 40 and 50 (Inter-violations in each parcel);

1. Selection of penalty: