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(영문) 수원지방법원 여주지원 2015.12.01 2015고단419
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 engage in development activities that alter the form and quality of land by violating the Mountainous Districts Management Act or the National Land Planning and Utilization Act shall obtain permission for development from the competent authority, and any person who intends to convert a mountainous district shall obtain permission for conversion of a mountainous district from the Minister

Nevertheless, the Defendant, from July 2013 to November 201 of the same year, engaged in development activities for the creation of housing sites in the vicinity of the Yju-si B Forest without obtaining permission for development activities or permission for mountainous district conversion, and performed development activities on the aggregate of 1,590 square meters in B forest, C forest, C forest, C forest, 1,347 square meters, D forest, 694 square meters in size, E forest, E forest, 1,021 square meters in size, F forest, and 1,003 square meters in size, and converted mountainous districts into mountainous districts.

B. On July 2014, the Defendant, on the ground that the land was lost due to a summer flood in the F forest located in the Innju City, the Defendant converted the said forest into a mountainous district without obtaining permission for conversion of a mountainous district and converted the said forest into a mountainous district.

2. Any person who intends to occupy or use public waters in violation of the Public Waters Management and Reclamation Act shall obtain an occupancy or use permit from the competent authority;

Nevertheless, the Defendant, from July 2013 to November 201 of the same year, did not obtain permission for occupation and use, and occupied and used the land near B, as described in the foregoing paragraph (1), by raising the land on the 536mm2 in the G-si G river, which is a public water in the vicinity, while engaging in development activities for the creation of housing sites in the vicinity of B, as described in

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H, I, J, and K;

1. Each statement of H, I, and J;

1. An illegal field photograph;

1. A plane plan on the side of a mountainous district illegally damaged land;

1. Application of Acts and subordinate statutes concerning field photographs, such as satellite photographs before permission is granted;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (a point for the diversion of a mountainous district without permission), subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 of the National Land Planning and Utilization Act concerning criminal facts

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