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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative of the Association of Agricultural Partnership that cultivates crops on the D's land adjacent to Seo-gu Incheon Metropolitan City.
1. No person who violates the Act on Special Measures for Designation and Management of Areas of Restricted Development shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods within areas of restricted development;
Nevertheless, from the end of January 2014 to February 3, 2014, the Defendant changed the form and quality of land by installing an access road of approximately KRW 700 square meters by cutting down part of the above forest by using sckes with a view to building an access road to a vehicle connected to his/her own arable land without obtaining a development permit from the competent authority in the Seo-gu Incheon Special Metropolitan City forest, Seo-gu, Incheon, which is a development restriction zone.
2. A person who intends to temporarily use a mountainous district violating the Management of Mountainous Districts shall obtain permission from the head of a Si/Gun/Gu;
Nevertheless, the Defendant, without filing a report on temporary use from the end of January 2014 to February 3, 2014, cut part of trees in forests and fields in order to use them as roads for the passage of vehicles entering into or leaving his/her own arable land as seen above, and temporarily used a mountainous district, creating approximately 700 square meters of aggregate and earth and rocks by spreading aggregate and earth and rocks.
Summary of Evidence
1. Defendant's legal statement;
1. A statement of the relevant witness in the F and G preparation;
1. Written accusation (Special Measures for Management of Development Restriction Zones) and accusation (Act on the Creation and Management of Mountainous Districts and Forest Resources);
1. Name of business trip, name of business trip, and name of business trip for confirmation of illegal diversion of mountainous district;
1. A certified land register, a certificate of land use plan, and a forestry map;
1. Application of the location map, on-site photographs, and current status photograph statutes;
1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development for Criminal Facts, or for Designation of Areas of Restricted Development (the occupation of changing the form and quality of land already permitted);