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(영문) 수원지방법원 2017.07.12 2017고단3305
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of mountainous district management;

(a) Any person who intends to divert a mountainous district in violation of the Management of Mountainous Districts due to the diversion of such mountainous district shall obtain permission from the head of the relevant forest, a Mayor, etc. for the diversion of

Nevertheless, on August 2016, the Defendant diverted the area of 4,869 square meters among the B in Sungsung-si without obtaining permission for the fireproof market.

(b) A person who intends to collect earth or stone in a mountainous district in violation of the Management of Mountainous Districts due to the collection of earth or stone shall obtain permission from the competent authority;

Nevertheless, the Defendant collected approximately 125,060 cubic meters of soil and rocks using excavated seasons and dump trucks from 4,869 square meters among the 4,869 square meters among the emulic City B without obtaining permission of the emulative market at the location described in paragraph (1).

2. A person who intends to change the form or quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or heads of Sis/Guns;

Nevertheless, the Defendant changed its form and quality by using excavation equipment with excavation equipment of 4,869 square meters in Hysung City B without obtaining permission from the chemical market at the time and place mentioned in paragraph (1) of 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to permission for development activities, such as field photographs, strawing drawings, strawing drawings, and permits;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act, the main sentence of Article 14 (1) of the relevant Management of the Mountainous Districts Act (a point for diversion of mountainous districts), Article 53 subparagraph 3 of the Mountainous Districts Management Act, and the main sentence of Article 25 (1) of the Mountainous Districts Management Act (a point for gathering earth and stone), and Articles 140 subparagraph 1 and 56 (1) of the National Land Planning and Utilization Act (a point for alteration of form and quality);

1. Selection of each sentence of imprisonment;

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

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been committed by the Defendant, without permission, by cutting the ground and gathering earth and rocks, and by changing the form and quality thereof. The area illegally cut and the degree of damage is reasonable.

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