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(영문) 울산지방법원 2016.08.25 2016고단1720
산지관리법위반등
Text

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

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

Reasons

Punishment of the crime

A person who intends to alter the form and quality of land for farming as an alteration that does not result in the construction of a building in a zone where mountainous district is diverted or development is restricted shall obtain permission from the competent authority for the specified use thereof.

1. From October 2015 to October 20 of the same month, the Defendant cut down miscellaneous trees planted in the above forest by using 02 digging seasons, 06 excavation seasons, 06 excavation seasons, and miscellaneous trees planted in the above forest without obtaining permission from the competent administrative agency, in order to create a site for a shooting range, from among 4,959 square meters of forest land in Gyeyang-si F in the development restriction zone, which is located within the development restriction zone, from October 2015 to the 3,797 square meters of forest land owned by E, and performed flat work by cutting down miscellaneous trees in a height of 2 to 4 meters.

Accordingly, the Defendant, without permission from the competent authorities, diverted mountainous districts without permission, and simultaneously changed the form and quality of land for profit-making purposes in development-restricted areas.

2. On October 2015, the Defendant cut down miscellaneous trees planted in the above forest using a 02 digging hole to open an access road to the company and the orchard under paragraph (1) of the same Article without obtaining permission from the competent administrative agency, on the 10,298 square meters of the 10,458 square meters of the 10,000 square meters of G forest located within the development restriction zone for the Seocho-si, Yangsan-si, which is located within the development restriction zone for the Defendant, and laid down miscellaneous coal work by using the cut earth and sand cut under paragraph (1) of the same Article.

Accordingly, the Defendant, without permission from the competent authorities, diverted mountainous districts without permission, and simultaneously changed the form and quality of land for profit-making purposes in development-restricted areas.

3. On October 2015, the Defendant cut down miscellaneous trees planted in the above forest by using a 02 digging hole to open an access road to the company and the orchard under paragraph (1) of the same Article without obtaining permission from the competent administrative agency, on a 77,455 square meters in Yangsan-si J forest located within the development restriction zone, Yangsan-si, Yangsan-si. In order to install an access road to the company and the orchard under paragraph (1) of the same Article, the Defendant used cut earth and sand cut under paragraph (1) of the same Article.

Accordingly, the defendant is the competent authority.

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