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(영문) 광주지방법원 순천지원 2014.01.08 2013고단2011
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to convert a mountainous district into a mountainous district shall designate its use and obtain permission from the Administrator of the Korea Forest Service, as prescribed by Presidential Decree;

Nevertheless, the Defendant, on June 2013, converted the form and quality of land to a mountainous district by using equipment such as scrails, etc., for constructing orchard and housing, etc., without obtaining permission from the net market, in a mountainous district of 4,033 square meters outside B, Jungcheon-si, 2013, the Defendant converted the form and quality of land to a mountainous district without permission.

2. A person who intends to divert farmland outside an agricultural promotion area for violating the Farmland Act shall obtain permission from the Minister of Agriculture, Food and Rural Affairs as prescribed by Presidential Decree.

Nevertheless, the Defendant changed the form and quality of land without permission, such as the creation of a stairs site, construction of stone embankments, and installation of stone stairs, etc., in order to newly construct an orchard and housing, etc. on farmland of 2,487 square meters outside C, 300 square meters on the date and time indicated in the foregoing paragraph (1).

3. A person who intends to engage in development activities by changing the form of land through cutting, filling, leveling, or paving the violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head

Nevertheless, the Defendant performed development activities by changing the form and quality of the above land without obtaining permission from the net tent market at the same place as the above paragraphs (1) and (2) on the date stated in the above paragraphs (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Survey map of use of land;

1. Application of field photographs and aerial photography statutes;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act concerning criminal facts;

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