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(영문) 의정부지방법원 2016.03.04 2015고단4100
산지관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the Administrator of the National Forest Service, etc. specifying its use;

A. Nevertheless, from July 2013 to January 30, 2015, the Defendant newly built 27 square meters of 27 square meters for showering in the forests and fields located in Gyeonggi-gun, Gyeonggi-do, as well as 1 container of 27.74 square meters for detached houses, and 1 container of 17.6 square meters for detached houses, without obtaining permission from the head of the forest office, etc., and newly built 9 margs with 52 square meters.

B. Nevertheless, on December 2014, the Defendant brought earth and sand into approximately 700 square meters from around 12,856 square meters in the above C and filled up at a height of about one meter without obtaining permission from the Administrator of the Forest Administration, etc.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the head of the forest office.

2. Any person who intends to occupy and use land or to construct a new structure in a river area in violation of the River Act shall obtain permission from the competent river management agency;

A. Nevertheless, on July 2013, the Defendant, without obtaining permission from the river management authorities, accumulated a stone embankment of approximately KRW 750 square meters at a height of about 5 meters, and approximately 150 square meters at a length of about 12,865 square meters from the mountainous district owned by the Defendant in the above C, and the area designated as a river area from among the mountainous district of KRW 12,865 square meters owned by the Defendant in the above C, and the area owned by a construction transport unit in D, using a digging gun on a scale of 4

B. Nevertheless, the Defendant newly constructed two plastic greenhouses in an area designated as a river area among the 12,856 square meters in the above C during the period from July 30, 2013 to January 30, 2015, without the permission of the river management agency.

(c)

Nevertheless, the Defendant, without the permission of the river management agency on December 2014, brought earth and sand into an area designated as a river area from 12,856 square meters in the above C around December 201, and 700 square meters at a height of about one meter.

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