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(영문) 창원지방법원 거창지원 2019.03.20 2019고단1
산지관리법위반등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall obtain permission from the competent administrative agency for a specified purpose, and a person shall obtain permission to divert a mountainous district even where he/she intends to alter permitted matters;

Nevertheless, around October 2017, the Defendant mobilized a digging pool to establish a plant for growing medicinal herbss, etc. without obtaining permission from the competent authority, on a total of 751 square meters of forest land, which is a quasi-preserved mountainous district located in Chungcheongnam-gun, Chungcheongnam-gun, or C, and damaged the forest.

Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authorities to engage in development activities, such as changing the form and quality of land;

Nevertheless, on September 2017, the Defendant developed the said land by using a digging pool for the same reason as paragraph (1) without obtaining permission from the head of Si/Gun, who is the competent administrative agency, on the area of 1,341 square meters in the area of 698 square meters, E, 1,091 square meters, F, 12,851 square meters in size, G ditch 12,835 square meters in total, and 4,981 square meters in the area of 12,835 square meters in Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun,

In this respect, the Defendant did not obtain permission to engage in development activities on land.

3. No person who violates the Rearrangement of Agricultural and Fishing Villages shall illegally occupy or use ditches that are agricultural infrastructure without any justifiable ground prescribed by Presidential Decree;

Nevertheless, on October 2017, the Defendant created and used dry field by reclaiming soil and rocks by installing a PE pipe equivalent to 6 meters in length and 0.6 meters in diameter, which is a facility, on the 12,251 square meters of a 12,251 square meters of a ditch G-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, which was a police officer.

Accordingly, the defendant illegally occupied and used agricultural infrastructure without justifiable grounds.

4. On October 2017, the Defendant is in the same manner as paragraph (2) of this Article, which is owned by the Defendant, among the following: 1,091 square meters and 1,851 square meters and 1,851 square meters and 1,851 square meters and 2.

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