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(영문) 제주지방법원 2018.08.22 2017고단2642
산지관리법위반등
Text

Defendant shall be punished by imprisonment for a period of eight months and a fine of ten million won.

However, the period of 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 obtain permission from the head of the forest, etc., for the purpose of the diversion of the mountainous district. However, the Defendant, without obtaining permission for the diversion of the mountainous district from April 24, 2009, converted the mountainous district into a mountainous district by continuously installing a stable, container, etc., which is a temporary building, in a quasi-preserved mountainous district located in Seopo-si C from March 24, 2017 to March 24, 2017 (13 buildings, such as stables, etc., 2,907 square meters, and 420 square meters in forest ground rearrangement).

2. Around 2013, the Defendant in violation of the Building Act constructed a pipe structure axis (a total of a total of a total of a 429 square meters), which is a temporary building, in the forests and fields specified in paragraph (1) above, with the competent authority without reporting thereon, and constructed a temporary building of a total area of a 1,785 square meters from around June 2013 to around December 2016, as indicated in the annexed crime inundation list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Land register;

1. A certificate of registration of livestock breeding business;

1. Application of aerial photographys, installation photographs, satellite photographs, and building photographs-related Acts and subordinate statutes;

1. The defense counsel under Article 53 subparag. 1 of the pertinent Act and the main text of Article 14 subparag. 1 of the Mountainous Districts Management Act regarding criminal facts and Article 14 subparag. 1 of the Mountainous Districts Management Act asserts that the area used as a stable, etc. other than the area for which ground adjustment was performed is not subject to permission for mountainous district conversion under the main sentence of Article 14 subparag. 1 of the Mountainous Districts Management Act, but subject to reporting for mountainous district conversion under Article 15 subparag. 3 of the Mountainous Districts Management Act. However, it is difficult to regard the temporary building used by the defendant for raising black salt as the "processing facilities for gathering warehouses of agricultural, livestock, and marine products" under Article 15 subparag. 3 of the Mountainous Districts Management Act and Article 17 subparag. 3 subparag. 1 of the Enforcement Decree of the Mountainous Districts Management Act, and as a temporary building constructed by the defendant was illegally constructed.

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