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(영문) 창원지방법원 거창지원 2012.09.26 2012고단298
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who violates the Management of Mountainous Districts Act shall obtain permission for conversion of a mountainous district from the Minister of the Korea Forest Service, and any person who intends to collect earth or stone in a mountainous district shall obtain permission for gathering earth or stone from

Nevertheless, the Defendant, without obtaining permission for conversion of mountainous district or permission for collecting soil and stones on April 2, 2012, when it was necessary to install a stable in the course of performing the work of creating farmland on the relevant land by using poclesle two lots outside B, Gyeongnam-gun, Gyeongnam-gun, and 2, on April 2012, the Defendant converted the use of mountainous district by changing the form and quality of mountainous district as seen above with regard to the aggregate of 3,202 square meters from the forest land outside C, which is a mountainous district adjacent thereto, and the use of mountainous district by gathering earth and stones from 290.08 cubic meters from the forest land outside C, which is a mountainous district adjacent thereto.

2. Any person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act;

Nevertheless, on April 2012, the Defendant, without obtaining permission for development activities from the head of the Development Gun, newly built a temple on two lots of forest land, 1,550 square meters outside B, Jung-gun, Mansan-gun, and 2 lots of forest land, and removed standing timber using heavy equipment, such as a digging season, and performed flatization work and stone storage work, and conducted development activities by changing its form and quality.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the actual condition survey report, location map, satellite photographs and field photographs, and the verification of damaged areas of illegal forest diversion areas, each drawings, the confirmation of the quantity of earth and rocks collected in an unlawful forest diversion area, each investigation report, accusation report, statement, business trip report, each on-site photographs, explanatory records, land use planning confirmation personnel, land cadastre and forest land

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act, which are applicable to criminal facts;

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