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(영문) 창원지방법원 거창지원 2019.08.21 2019고단134
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act;

From June 2018 to August 2, 2018, the Defendant changed the form and quality by cutting the aggregate of 31,361 square meters of the said 19 square meters of land among the said 19 lots of land, B, etc., without obtaining permission for development from around 19,835 square meters of land B, etc.

2. Any person who intends to convert a mountainous district into a mountainous district shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc.;

The Defendant, without obtaining permission for mountainous district conversion from June 2018 to August 2018 of the same year, converted the use of mountainous districts into mountainous districts by removing forest trees from 8,250 square meters in forests and fields, the quasi-preserved mountainous districts located in Chungcheongnam-gun, Chungcheongnam-gun, D, E, F, G, and H, and cutting cream as a cream.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Report on the current status of illegal development activities committed by a member of the K Institute;

1. A written review of a restoration plan;

1. Application of Acts and subordinate statutes, such as drawings and survey maps of the estimated damaged area;

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized point of development activities, choice of imprisonment), Article 53 subparagraph 1 of the Management of Mountainous Districts Act, and Article 14 (1) of the Management of Mountainous Districts Act concerning facts constituting an offense;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a violation of Article 62(1) of the Act on the Suspension of Execution of the Punishment of Mountainous Districts by the Defendant, by damaging creams, etc. in order to create a mountain book, cutting land, and conducting conversion of mountainous district and development activities without permission from the competent authority. In light of the size of the cut land, the Management

However, the fact that the defendant recognizes his mistake and reflects it, is damaged.

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