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(영문) 창원지방법원 진주지원 2018.09.21 2018고단150
산지관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. A person who intends to load goods, forest roads, work roads, install minor facilities prescribed by Ordinance of the Ministry of Agriculture and Forestry, etc. in a mountainous district, other than a state forest, the temporary use of which is not a state forest, shall report to the competent authority;

Nevertheless, without reporting the temporary use of a mountainous district from July 2002 to July 27, 2017, the Defendant is located in the Cheongnam-gun, the Gyeongnam-gun, the quasi-preserved mountainous district, C, the preserved mountainous district, D and E, the preserved mountainous district, without reporting the temporary use of the mountainous district.

A. The store was used from July 27, 201 to July 27, 2017 after installing 23 square meters in a light warehouse on July 2002;

(b) expand 809 square meters as a work for tree management on March 2014;

(c) Sheet up approximately KRW 516 square meters of waste materials for passengers on April 2015;

(d) install one steel-recovering facility on July 23, 2017;

E. From June 20, 2017 to July 23, 2017, the existing access road is extended to approximately 78.4 square meters, and a concrete package is installed on the part connected to the existing access road, etc., and a mountainous district of approximately 1550.4 square meters in total is temporarily used.

2. A person who intends to divert a mountainous district converted into an unauthorized mountainous district shall obtain permission from the head of the relevant forest office, etc. for the use thereof;

Nevertheless, from June 20, 2017 to July 23, 2017, the Defendant, without obtaining permission to divert a mountainous district, set up approximately 1132.2 square meters in the aggregate of the access roads by installing a stone embankment with a thickness of about 50 meters between 50cm and 2 meters between 50cm in height and 50cm, and by changing the form and quality of a mountainous district, in order to install a flat, etc. for water play in D forest which is a preserved mountainous district and a quasi-preserved mountainous district, a preserved mountainous district, and D forest which is a preserved mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Photographs;

1. Application of the Acts and subordinate statutes governing land use planning;

1. Article 55 subparagraph 2 of the Management of the Mountainous Districts Act concerning criminal facts: Provided, That Article 15-2 subparagraph 2 of the Mountainous Districts Act concerning criminal facts shall be applicable;

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