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(영문) 창원지방법원진주지원 2020.10.15 2020고단836
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that 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 intends to convert a mountainous district into a violation of the National Land Planning and Utilization Act and a violation of the Mountainous Districts Management Act shall specify its purposes and obtain permission from the Minister of the Korea Forest Service, and any person who intends to engage in development

Nevertheless, the Defendant, without obtaining permission from the competent authority for the conversion of a mountainous district and development activities in May 2019, cut and filled land in the size of 10,836 square meters, 36 square meters, 5 square meters, 52 square meters, E, a preserved mountainous district, and 152 square meters in total size of the F, a preserved mountainous district, and excluded part of forest land while changing the form and quality of the mountainous district, by reflecting the foregoing change in the total size of 12,311 square meters, including the storage of electric rocks, the Defendant converted the use of mountainous district by changing the form and quality of the mountainous district and engaged in development activities at the same time.

2. Any person who intends to divert farmland in violation of the National Land Planning and Utilization Act and the Farmland Act shall obtain permission from the competent authority, as prescribed by Presidential Decree, and any person who intends to engage in development activities shall obtain permission from the competent authority for development activities;

Nevertheless, the Defendant, without obtaining permission from the competent authority in May 2019, cut and filled land in the area of 435 square meters, H area of 116 square meters, and I area of 36 square meters in 2019, and performed development activities simultaneously with converting the total area of 587 square meters into the form and quality of farmland, such as piling up stone.

3. Anyone who violates the National Land Planning and Utilization Act and the Rearrangement of Agricultural and Fishing Villages shall not illegally occupy or use agricultural infrastructure, and anyone who intends to engage in development activities shall obtain permission from competent authorities for development activities;

Nevertheless, the Defendant cut and filled the land in the area of 285 square meters, among the agricultural infrastructure ditches located in the JJ of the Gyeong-gun, Busan Metropolitan City around May 2019.

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