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(영문) 청주지방법원 충주지원 2018.05.03 2017고합113

특정범죄가중처벌등에관한법률위반(산림)등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a controlled area, agricultural and forest area, or natural environment conservation area under the National Land Planning and Utilization Act violating the Building Act shall file a report with the Special Self-Governing Province branch office or the head of a Si

On March 2014, the Defendant constructed a building equivalent to 18 square meters with the roof of a container and assembly-type board on the ground of the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do, which is a conservation and control area around the city.

2. A person shall not fell standing timber or bamboo, or change the form or quality of land in any forest for seed collection, etc. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Mountainous Districts Management Act, or violation of the National Land Planning and Utilization Act, and a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest, etc. according to the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest or the head of the relevant Si/Gun/Gu, Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Metropolitan City Mayor,

The Defendant did not obtain permission from the head of the Gun/forest office, etc. on September 2016 to Oct. 2016, 2016, on the ground of 172,596 square meters of the area of 7 lots, such as the above D, from Sep. 2, 2016 to Oct. 2016, the Defendant opened an access road with a width of about 2.5 meters by using the digging locker owned by the Defendant, and converted the form and quality thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation by the number of months of the military base (an accusation against a person who violates the National Land Planning and Utilization Act, the Management of Mountainous Districts, or the Building Act);

1. Each statement of E, F and G;

1. A report on the results of each business trip;

1. A survey report on actual condition (including a location map and actual survey map on the current status) and a report on calculating the amount of damage from mountainous districts;

1. Photographss of the damaged scene;