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(영문) 수원지방법원 여주지원 2016.04.27 2016고단48
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, on June 2014, the Defendant, without obtaining permission from the competent authority, on three parcels of land, such as Gyeonggi-gu B, C, and D, a quasi-permanent conservation mountainous district, and converted the use of mountainous districts by cutting the total area of 2,849 square meters out of the above land into a boom.

2. Where it is intended to change the form and quality of land in violation of the National Land Planning and Utilization Act, permission shall be obtained from the Special Metropolitan City Mayor, Metropolitan City Mayors, and Gun heads;

Nevertheless, on June 2014, the Defendant changed the form and quality by cutting the total area of 2,849 square meters out of the above land into a boom-gun, G, D, etc. without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E and F;

1. Confirmation of land use plan and the land register;

1. Surveying the current status;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and the main sentence of Article 14 (1) of the Management of the Mountainous Districts subject to the Selection of Punishment Act (unauthorized mountainous districts), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) of the National Land Planning and Utilization Act (unauthorized development acts) and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., circumstances in which no record exists that a person has been punished for committing the same kind of crime, and that a person seems to have made efforts to rescue himself/herself

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