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(영문) 창원지방법원 밀양지원 2015.09.24 2014고단365
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree;

Nevertheless, on March 2014, the Defendant, without obtaining permission for conversion of mountainous districts, laid the c, D, E, F, G, and 3,424 square meters in a total of 3,424 square meters, and installed electric facilities and used them for the purpose of the stoping site without permission for mountainous district conversion.

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

Nevertheless, the Defendant did not obtain permission to engage in development activities and farmland diversion permission, and, from October 201 to March 2014, the Defendant laid off Hayang-si, H, I, J, and K on a total of 4,625 square meters of farmland and planned control areas, and performed development activities without permission by using electric facilities for the purpose of the camping site, such as installing electric facilities, and diverted farmland for the purpose of the camping site.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. A joint control report and land cadastre of prosecution's office against Otop camping activities;

1. Application of statutes in Chapter 7 of the output of each photograph, Internet homepage, etc.;

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (the occupation of conversion of a mountainous district without permission), subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act, Articles 57 (2) and 34 (1) of the Farmland Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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