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(영문) 전주지방법원 정읍지원 2015.11.17 2015고단497
산지관리법위반
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

Defendant

A is a constructor, and Defendant B is the owner of each forest land located in Jung-Eup, Si, D, and E around February 25, 2015.

1. The Defendants’ co-principal

(a) Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service;

Nevertheless, on May 25, 2015, the Defendants conspired to fill the form and quality of land by making use of c,524 square meters in total, 3,524 square meters of forests located in Jung-gu, Jung-gu, Si, D, and E without obtaining permission from the competent authorities, and changed the form and quality of land by making use of booms.

(b) Anyone who intends to collect earth or stone in mountainous districts shall obtain permission to collect earth or stone from Mayors/Do Governors or the heads of Sis/Guns/Gus;

Nevertheless, on May 25, 2015, the Defendants conspired to obtain permission from the competent authority and carried out approximately 50 cubic meters of soil and sand at the place specified in the first paragraph of Article 1.

2. A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service;

Nevertheless, around 2012, the Defendant developed forest land as dry field and changed its form and quality by removing roots of trees located therein from forest land located in Jung-Eup, Jung-gu, Seoul, without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation;

1. Each explanatory note (54 pages, 60 pages of investigation records);

1. Aerial photography (2012);

1. A certified copy of land cadastre and forestry map;

1. The actual condition survey report;

1. Location map - Application of the Act and subordinate statutes on the survey map of the GPS and on-site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 53 subparag. 1 and Article 14(1) of the Management of Mountainous Districts Act, Article 30 of the Criminal Act, Article 55 of the Mountainous Districts Management Act, and Article 30 of the Criminal Act (the point of gathering soil and sand without permission, and the choice of imprisonment);

B. Defendant B: Article 53 subparag. 1 and Article 14(1) of the Management of Mountainous Districts Act, Article 30 of the Criminal Act (the occupation of the diversion of a mountainous district without permission, the choice of imprisonment), Article 55 subparag. 5 of the Mountainous Districts Management Act, Article 30 of the Criminal Act (the occupation of gathering soil and sand without permission, the choice of imprisonment), and the

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