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(영문) 창원지방법원 2016.01.27 2015고정1235
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant, who owned B and six others, was a well-known for operating a “D” temple, located in Kimhae-si, to illegally damage three lots of land (such as F, one owner, and G, owned by the Korea Forest Service, including the said land, to maintain the temple and its surroundings.

Any person who intends to divert a mountainous district shall obtain permission from the head of a forest agency, etc. for a specified purpose, as prescribed by Presidential Decree, and any person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun, and any person who intends to change the form and quality of land in a city park shall obtain permission to occupy and use the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor,

Nevertheless, the defendant from March 2015 to the same year.

7. From around 15 to 15, the land form and quality were changed, without obtaining permission from the head of Kimhae-si, piling up a stone shed with a height of about 2 meters in size equivalent to 2,100 square meters in C forest land, piling up a floor by snowing concrete with a floor, collecting earth and rocks, piling up a stone shed with a height of about 0.5 meters in size equivalent to 60 square meters in F forest land, installing a road by cutting off a stone with a width of about 3 meters and a width of 20 square meters with a width of 3 meters and a width of 20 square meters, and the alteration of the form and quality of land was made, such as building an access road with a width of 1.5 meters in width and a width of 156 square meters in size in G forest land with a size of 104 square meters.

As a result, the Defendant, without obtaining permission equivalent to 2,326 square meters of forest land in the above 3 lots, was engaged in development activities at the same time, and occupied and used an urban park.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. Flight navigator or on-site photographs;

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

1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act, the main sentence of Article 14(1) (the point of diversion of a mountainous district without permission) of the same Act concerning the facts constituting an offense, and a national land plan and plan therefor;

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