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(영문) 창원지방법원진주지원 2020.09.23 2020고단1293
산지관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to temporarily use a mountainous district for purposes, such as mining of minerals under the Mining Industry Act, for an unauthorized temporary use of a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc., according to the classification, size, etc.

On February 2, 2020, the Defendant cut and laid down approximately KRW 592 square meters in the above mountainous district and temporarily used it, without obtaining permission from the Administrator of the Korea Forest Service, for the purpose of mining the elderly soil in the Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun, a non-preserved mountainous district, for the purpose of mining the elderly soil.

B. From March 18, 2020 to February 20 of the same month, the Defendant extracted approximately 661m2 in the above mountainous district by using a cutter for the purpose of mining old soil, etc., without obtaining permission from the Administrator of the Korea Forest Service, etc. for the purpose of mining old soil, and cut and filled up and temporarily used the above mountainous district.

2. A person who intends to temporarily use underground resources in a mountainous district, other than a state forest not subject to reporting, in order to install facilities to explore underground resources, create them by work, install disaster prevention facilities, etc. shall file a report thereon with the head of Si

On October 2017, the Defendant, a non-preserved mountainous district, established and temporarily used approximately 322 square meters of the above mountainous district using a soft machine, without reporting to the competent authorities for lighting, etc. of old soil in the Cheong-gun, Cheongnam-gun, the Sinsan-gun, a non-preserved mountainous district in early 2017.

B. The Defendant: (a) on October 2017, 201, was a policeman.

In order to prevent disasters, such as flooding, at the port, a drainage channel was created and temporarily used on approximately 515 square meters in the area of the relevant mountainous district without reporting to the competent authorities.

C. On February 20, 2020, the Defendant cut and laid down approximately 53 square meters of the above mountainous district by using the excavation cutting machine, without reporting to the competent authorities, in order to verify whether there is aged soil in the Gyeong-gun, Cheongnam-gun, Cheongnam-gun, a non-preserved mountainous district for the first time, and temporarily used the same.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

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