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(영문) 광주지방법원 2016.06.30 2016고단14

산지관리법위반

Text

The defendant shall be punished by a fine of KRW 5,000,000 (O million), and if the above fine is not paid, KRW 100,000 (O million) shall be one day.

Reasons

Punishment of the crime

- A person who intends to convert a mountainous district of "2016 Highest 14" shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district according to its use;

On June 2015, the Defendant cut and filled up the land with equipment, such as digging machines, etc. in order to construct residential buildings with 658 square meters of the area of 658 square meters in the Nam-gun, Namnam-gun, which had not obtained permission from the competent authorities, and converted the use of the land to mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes to the actual survey report, aerial photography, field photographs, and survey maps;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and Article 14 (1) of the same Act concerning the facts constituting an offense;

1. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is attracting a workhouse;

1. A person who intends to divert a mountainous district of the 2016 Height Group 14 shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district according to the purpose of use thereof;

On June 2015, the Defendant, without obtaining permission from the competent authorities, cut and filled up six lots of land, including D, E, F,G, H, I, etc. (hereinafter referred to as “intersections”), which were located in the area of mountainous district, to construct a residential building.

A person who intends to convert a mountainous district of the 2016 High 94 Mountainous Districts shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district according to the purpose of use

From June 8, 2015 to April 2015, the Defendant, without the permission of the competent authorities, mobilized the digging gear from C of the above area owned by the Defendant’s father, to build a residential building, was cut and flatly performed in order to cut down the slope of the forest. In order to build a residential building, the Defendant converted the 17 plant trees inside and outside of 20 years into a mountainous district.

2. Determination:

A. Of the above parcels, the Defendant did not own the same as “D” but did not own the same as his/her mountainous district, and the Defendant did not own the same as his/her mountainous district.

The argument is asserted.

In addition, with respect to Korea E, F,G, H, and I, K has already been punished due to the conversion of mountainous districts into mountainous districts in September 2014, and it is the same.