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(영문) 수원지방법원 성남지원 2019.02.20 2018고단1785
산지관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authorities for development activities, such as changing the form and quality of land;

Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2017, conducted development activities by cutting down the land in the aggregate of the land B 4,483 square meters, C92 square meters, D 258 square meters, D258 square meters, E, 756 square meters of forest land, 4,769 square meters of forest land in F, and 11,258 square meters of forest land in the aggregate of 11,258 square meters of forest land in the Republic of Korea.

2. Where a person who violates the Management of Mountainous Districts Act intends to convert a mountainous district, he/she shall obtain permission from the competent authority according to the classification of types, areas, etc. of

Nevertheless, around March 2017, the Defendant diverted a mountainous district into a quasi-preserved mountainous district without obtaining permission from the competent authority, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. On-site photograph and location map, land cadastre, a real estate sales contract, and full certificate of registered matters;

1. Application of Acts and subordinate statutes to investigation reports, land owners' telephone surveys, and land use regulation information service data;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development acts) on criminal facts; subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (unauthorized conversion of a mountainous district);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Prosecutor’s opinion - One year of imprisonment and fine of ten million won

2. Determination of sentence - Determination of sentence - Six months of imprisonment with prison labor, two-year suspension of execution, or two-year suspension of the conversion of a mountainous district is considerably wide, and the time required for the growth of new planting trees, etc. after restoration is considered, it is inevitable to choose imprisonment with prison labor when considering the fact that the public interest is not small, and that the defendant has the same power.

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