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(영문) 광주지방법원순천지원 2020.08.12 2020고단309

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of B forest land B 9,568 square meters in netcheon-si.

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

On October 2019, the Defendant, without obtaining permission from the Administrator of the Korea Forest Service, etc., used approximately KRW 9,500 square meters of the above forest, which is a quasi-preserved mountainous district, to cut off and embling the land at a maximum of five meters, and converted the use of mountainous district by making access roads and site creation.

2. A person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development activities;

On October 2019, the Defendant changed the form and quality of land by making access roads and site creation using the same method as described in paragraph (1) on approximately 9,500 square meters of the above forest land, which is an agricultural and forest area in the national land, without obtaining permission from the competent Mayor, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act on the National Land Planning and Utilization Act (a point of unauthorized development activities);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the illegal diversion of a mountainous district for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is considerably broad, but the forest of this case was left unattended after all the planting of pine trees and miscellaneous trees was laid down as a measure to prevent re-transmission around 2015, and the Defendant obtained permission for temporary use and authorization of a forest management plan for the purpose of planting and managing landscape trees. It is considered to have opened access roads and cut and filled up the ground beyond the permitted limit while conducting site adjustment work.