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(영문) 대구지방법원 2020.09.24 2020고단3802
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is the representative of “C”, the owner of a forest land B in Daegu-gu, Incheon Metropolitan City, which is a development-restricted district and preserved mountainous district.

No one shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods, etc., and any person who intends to construct buildings or build structures prescribed by Presidential Decree and change the form and quality of land resulting therefrom shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and any person who intends to divert a mountainous district shall obtain permission from the Minister of the Korea Forest Service

1. Violation of the Management of Mountainous Districts Act and violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development - The Defendant created 1,750 square meters of the forest area, which is a development restriction zone and a preserved mountainous district, on a scale of 1,750 square meters without obtaining permission from the competent authority around around 2017, thereby changing the form and quality of land and simultaneously converting the use of land

2. Violation of the Management of Mountainous Districts Act and violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development - In order to create a road leading to a cemetery created as described in paragraph (1) on the date in the insular diameter, the Defendant converted the form and quality of land by packaging concrete on a size of 35.98 square meters, which is a development restriction zone and a preserved mountainous district, without obtaining permission from the competent authority, and simultaneously converted the use of mountainous districts.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of accusation-field location map and photographic site, D's statement, aerial photography inside the development restriction zone and the restoration order to the original state, the second corrective order for restoration to the original state, the confirmation of land use plan, and the investigation report on the land (forest) register as a result of the judgment in the development restriction zone.

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