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(영문) 의정부지방법원 2017.08.17 2017고정1191
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, from September 2010 to December 2 of the same year, the Defendant committed an act of converting mountainous districts into mountainous districts by constructing three lots of land, such as Gyeonggi-gun B, etc., a house of lightweight steel frame 91m2, a wooden structure warehouse 9m2, a 34.5m2m2m2 in a warehouse of lightweight steel frame, and a pipe structure 154m2m2 without permission from the competent authority.

2. Any person who intends to newly construct buildings or other artificial structures on public waters in violation of the Act on the Management and Reclamation of Public Waters shall obtain permission to occupy or use public waters from the management authority of public waters, as prescribed by Presidential Decree;

Nevertheless, from around 2013, the Defendant newly constructed a 2-dong (32 square meters, 21 square meters, 18.75 square meters, a steel-frame and a structure gate, which was located in the ditches of Gyeonggi-gun C, without permission from the competent authority, and occupied and used public waters.

3. Where a report is filed with the competent authority for construction of a building with a total floor area of less than 200 square meters and less than three floors in a management area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act for Violation of the Mountainous Districts Management Act, and a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, areas, etc. of the

Nevertheless, on July 2016, the Defendant constructed a pipe structure of 56 square meters without reporting and obtaining permission from the competent authorities, in the “Ombasan” B, Pyeongtaek-gun, Hyeong-gun, 2016, and performed an act of converting the use of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. A certificate of the old map of illegally damaged land, forest register, and land use plan;

1. Photographss;

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