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(영문) 창원지방법원 진주지원 2019.07.10 2019고단518

산지관리법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to construct buildings, install structures, or change the form and quality of land shall obtain permission from a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun, and any person who intends to convert a mountainous district shall obtain permission

Nevertheless, on December 2017, the Defendant, without permission for development and permission for mountainous district conversion in Jinju-si B, cut and filled up 2,770 square meters, and constructed one container (64 square meters), one sperm (22 square meters), and one vinyl (17 square meters).

As a result, the Defendant, without permission for development, changed the construction of buildings and the form and quality of land, and converted mountainous districts without permission for mountainous district conversion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the accusation note, accusation note, location map, annual aerial photography, photograph register of illegal acts, land use planning confirmation personnel, and illegally constructed area list;

1. Subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, and subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of imprisonment;

1. Suspension of execution: Recognizing the crimes with reason for sentencing under Article 62 (1) of the Criminal Act, there has been no punishment for the last ten years or more, and there has been no criminal punishment for the same crime. Considering the circumstances of the crime, and the size of the exclusive use after changing the form