logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2016.12.23 2016고단138
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to convert the "2016 Highest 138" into a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree, and any person who intends to temporarily use a mountainous district, such as the creation of forest roads

On April 2016, the Defendant collected earth and sand without obtaining permission to convert mountainous districts in Cheongyang-gun C and D, and carried them out to the neighboring farmland. In order to remove earth and sand collected without obtaining a report on temporary use of mountainous districts, the Defendant established a illegal road in Cheongyang-gun E.

A person who intends to divert the farmland of "2016 Highest 299" shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

Nevertheless, without obtaining permission from the Minister of Agriculture, Food and Rural Affairs from April 2015 to June 2015, the Defendant diverted farmland to other land by cutting a field and forming a site after cutting a field and cutting it, with a depth of 6,604 square meters in the total area of 5 lots, such as Cheongyang-gun, Cheongyang-gun, Chungcheongnam-gun, G, H, I, and J outside the agricultural promotion area.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. The actual survey report and the investigation report;

1. The standard amount for calculating the current status drawings and restoration expenses, and the forestry register "2016 Highest 299";

1. Each investigation report (the filing of construction contracts for solar power plants, files of construction contracts for solar power plants, official documents permitted for development activities, and confirmation of case sites);

1. Accusations, written statements, explanatory statements, current status of illegal farmland diversion, permission for development activities, and permission for modification of development activities;

1. A construction contract for solar power plants, a plan to establish solar power generation projects, and a written consent to land use;

1. Application of statutes governing field photographs on farmland diversion;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, Article 55 subparagraph 2 of the Management of Mountainous Districts Act, Article 15-2 (2) of the Management of Mountainous Districts Act, Articles 57 (2) and 34 (1) of the Farmland Act, the selection of imprisonment

1. The Criminal Act among concurrent crimes.

arrow