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(영문) 대구지방법원 안동지원 2015.12.11 2015고단552
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Anyone shall obtain permission for development activities from the head of a Si/Gun, etc. who intends to construct a building or to install a structure, and the same shall apply where he/she modifies matters permitted for development

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the type, area, etc. of the mountainous district for a specified purpose, and the same shall also apply

Nevertheless, the Defendant, on November 2013 to November 30, 2014, installed a stone shed in an area equivalent to 6,817 square meters, including 2,110 square meters of the above forests and fields, and 3,192 square meters of the area C,192 square meters, D, 3,625 square meters, and 2,110 square meters of forest land in Ansan-dong-si, without obtaining permission for development activities for the purpose of retail stores. However, around June 2014, the Defendant installed a stone shed in an area equivalent to 6,817 square meters of the above forests and fields, including 2,110 square meters.

As a result, the Defendant conducted development activities different from the details of permission without obtaining permission for development activities, and simultaneously converted mountainous districts differently from the details of permission for mountainous district conversion without obtaining permission for change.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation, F’s statement, and official documents related to restoration to original state;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (2) and (1) of the same Act concerning facts constituting an offense, and subparagraph 1 of Article 54 of the Mountainous Districts Management Act and Article 14 (1) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment as a violation of the Management of Mountainous Districts Act);

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the land was sold by auction and the restoration to original state was not taken, and whether the permission for modification is required or not is sought from the government agency) or more;

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