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(영문) 울산지방법원 2017.03.28 2016고단4532
산지관리법위반등
Text

A defendant shall be punished by imprisonment for nine months.

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

Reasons

Criminal facts

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, as prescribed by Presidential Decree;

A. On March 2010, the Defendant, without obtaining permission from the competent administrative authority, destroyed the forests adjacent to the farm, in order to expand the roads naturally created in the said mountainous district to facilitate passage to livestock pens owned by the Defendant, with a view to damaging the farming roads, and cutting down the said farming roads, and then diverted the same to the mountainous district of 1,196 square meters by packaging the said farming roads as concrete.

B. The Defendant, without obtaining permission from the competent administrative authority, converted the use of mountainous districts of 513 square meters in size on the land of 4,562 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do on March 2013, and converted the use of mountainous districts of 513 square meters in size on the ground of 4,562 square meters, and converted the use of mountainous districts of 935 square meters in size in F forest land and 40,692 square meters in size among 33,28 square meters in size in neighboring mountainous districts for the management of livestock pens.

2. Any person who intends to construct a building in violation of the Building Act shall obtain permission from the competent authorities;

Nevertheless, the Defendant, without obtaining permission from the competent authority, extended 130 m24 square meters per 1st floor of prefabricated-type animal and plant-related facilities (a manager warehouse) to livestock pens owned by the Defendant located on the H of Ulsan-gun, Ulsan-gun, Ulsan-gun, on March 2013, and extended the 1st 2nd 1,098 m2 per 30 m2,098 m2 to livestock pens located on the ground of I and J on the ground.

3. Where a person, other than a river management authority, intends to execute river works, he/she shall obtain permission from the river management authority;

Nevertheless, on January 2016, the Defendant, without the permission of the river management agency, accumulated cement block in a river embankment located adjacent to the river located in Ulsan-gun, Ulsan-gun, Ulsan-gun, the length of which was 225 meters, and 3 times, with a width of 1 meter, performed river works by packaging concrete.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on L, M, N,O, or P;

1. A written statement of Q;

1. A written petition;

1. R. P. P. P. P. P. package.

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