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(영문) 의정부지방법원 2015.12.03 2015고정1606
산지관리법위반등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No mountainous district shall be diverted without permission for a violation of the Management of Mountainous Districts Act or a violation of the National Land Planning and Utilization Act, and no development activities shall be conducted, such as constructing buildings or changing the form and quality of land on which structures are installed, without permission from the Special Metropolitan City Mayor, Metropolitan City Mayors

Nevertheless, on May 2014, the Defendant, without permission, laid concrete on the part of 222 square meters of land among the forest land B in Pyeongtaek-gun, Gyeonggi-do, which is a mountainous district, and changed the form and quality thereof, and constructed a pipe structure of approximately 198 square meters in the same place to convert the use of the mountainous district and engaged in development activities.

2. Any person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a control area, agricultural and forest area, or natural environment conservation area under the National Land Planning and Utilization Act shall report thereon to the head of Si/Gun/Gu

Nevertheless, the Defendant did not report, and constructed a pipe structure building with a total floor area of 198 square meters at a place indicated in the preceding paragraph, which is a planned control area, around May 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Written accusation for the preparation of the accusation, C, D, and E;

1. On-site photographs and aerial photography of illegal matters;

1. Confirmation of land use plan;

1. Land cadastre (the Defendant claimed that the forest land cadastre was already destroyed by a forest, and the site construction work, such as roads, stone embankments, water supply and drainage systems, etc., cannot be seen as the mountainous district, and thus does not constitute a change in the form and quality of the forest land. However, according to the current status photograph and aerial photography of each of the above evidence, even though it is recognized that the forest land in this case was damaged, it is deemed that the situation is deemed as temporary, and it is difficult to view that the nature of the mountainous district was lost as the mountainous district

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts (the occupation of a mountainous district) and national land;

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