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(영문) 수원지방법원 성남지원 2016.11.11 2016고단2539
국토의계획및이용에관한법률위반등
Text

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

A person who intends to engage in development activities shall obtain permission for development activities from a competent authority, and a person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service

Nevertheless, the Defendant, upon obtaining permission for development activities on July 1, 2012 or around August 2012, changed the form and quality as a parking lot by stockpiling stone to 936 square meters in neighboring forests and fields, which are neighboring forests and fields, for which no permission for development activities was obtained.

Accordingly, the defendant converted the use of mountainous districts at the same time without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and E;

1. Application of old maps, location maps, field photographs, land use regulation information service, and guidance statutes;

1. Subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, and subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Mountainous Districts Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do1114, Jan. 1, 201; 201

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