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(영문) 대구지방법원 2021.01.06 2020고단3958
산지관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person shall obtain permission to divert a mountainous district and shall not divert a mountainous district without obtaining such permission.

1. On September 2017, the Defendant re-construction a stone shed of approximately 200 square meters at the same place without obtaining permission to convert a mountainous district, which was installed in Yeongdeungpo-si B forest and fields, a quasi-preserved mountainous district, and converted a mountainous district without obtaining permission.

2. On April 1, 2019, the Defendant reconstructed the entire stone axis without obtaining permission for mountainous district conversion at the place indicated in paragraph (1) of the same Article, and converted mountainous districts into mountainous districts for approximately KRW 3,000 square meters in the above place, such as re-establishment of waterway pipes (i.e., g., g., g., g., g., g., g., g.

3. On March 1, 2020, the Defendant, without obtaining permission for mountainous district conversion at the place specified in paragraph 1, performed reinforcement and construction of stone embankments constructed on the date specified in paragraph 2 without permission for mountainous district conversion, and planted trees and diverted trees to convert mountainous district.

Accordingly, the defendant converted a mountainous district without obtaining permission to convert a mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, a location map, a calendar map of the area where a forest is damaged, a certified copy of each forest register, a certified copy of a forestry map, or a written confirmation of a land use

1. Each photograph: “former aerial photography” (Evidence No. 14 pages of evidence), “on-site warning”, “forest damage location, etc. around September 2017”, and “forest damage location, etc. in March 2020”

1. Police investigation report (Evidence No. 118 pages) [Defenses 118 pages] asserted that “The defense counsel maintained stone festivals and drainage channels installed insufficiently in the existing restoration work to prevent the outflow of mate iron and planted trees, and thus constitutes a justifiable act as it satisfies the balance of legal interests, urgency, and supplement, etc., and thus constitutes a justifiable act.” Thus, considering the following factors, it was necessary for the defendant to take measures to prevent flood damage, such as the danger of outflow of matelim sand, considering the shape of the mountainous district as indicated in the judgment, the maintenance status of stone embankments and drainage channels installed by the existing restoration work in 2013, and the growth and growth environment of trees, etc.

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