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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, fells bamboo and trees, divide land, store articles in a development restriction zone, shall obtain permission from the competent authority;
Nevertheless, from June 2019 to June 2019, the Defendant cultivated crops, such as capital reduction and marination, from around 150 square meters of the above land among forest land, and changed the form and quality of the above land into farmland.
2. Determination
A. The alteration of the form and quality of land under Articles 30 subparag. 1 and 11(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 7383, Jan. 27, 2005) requires that the alteration of the form and quality of land means the alteration of the form and quality of land through cutting, filling-up, suspension, etc. and reclamation of public waters, and that the alteration of the shape and form of land is in a situation in which it is difficult to reinstate due
B. (Supreme Court Decision 2004Do8436 Decided November 25, 2005).
However, even according to the facts charged in the instant case, the Defendant changed the form and quality of the land to farmland by cultivating crops, such as capital reduction and taking and taking in the land, which is forest land, and there is no content that the Defendant changed the form and quality of the land externally.
Furthermore, even if the record is examined, it is difficult to find out data that the defendant had changed the shape of the land due to cutting, banking, or suspension of cutting, banking, etc.
Rather, according to C’s protocol of statement, investigation report (No. 4 of the evidence list) with respect to C, C, who is a public official of the Gunpo-si, stated that C, with respect to the forest land B, was planted to the Defendant and restored to the original state. On March 27, 2019, trees were planted, but it was discovered on June 17, 2019 that C was caught to cultivate crops in the forest and field, and that C submitted around March 2019.