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(영문) 수원지방법원 안산지원 2017.12.08 2017고단2516
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of mountainous district management;

(a) Any person who intends to divert a mountainous district without permission shall obtain permission from the head of the relevant forest office, etc. for the diversion of such mountainous district, specifying the purposes thereof;

Nevertheless, the Defendant converted the form and quality of a mountainous district by using an excavating hole to cut the area of 1,038 square meters from the end of December 2016 to March 2017, 707, 702 square meters among the members of Ansan-si, Ansan-si, 1,038 square meters among C, 897 square meters among D, and 741 square meters among E, F, G, H, I, J, K, L, M, M, 937 square meters among P, P, and Q, 937 square meters, R, 443 square meters among C, 93 square meters among C, 12,735 square meters of forest in total from the place of excavation.

(b) A person who intends to collect earth or stone in an unauthorized mountainous district for collecting earth or stone shall obtain permission from the competent administrative agency;

Nevertheless, the Defendant collected approximately 44,939 cubic meters of soil and stone using excavation equipment in 19 lots of forest land, such as Ansan-si Member B, etc., without obtaining permission from the mayor in Ansan-si at the time and place mentioned in the above paragraph (a).

2. A person who intends to fell standing timber, mine or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, the Defendant cut standing timber on about 44.80 cubic meters in forest land in 19 lots, such as the members of the Ansan-si, Dong, etc., Masan-si without obtaining permission from the Mayor of the Ansan-si at the time and place mentioned in paragraph 1(a).

3. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the mayor in Ansan-si, was engaged in development activities falling under changes in the form and quality of land by removing and cutting standing timber by using a excavated machine of 12,735 square meters in 19 parcel, such as the members B, etc. of Ansan-si, Ansan-si without obtaining permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by prosecution against U;

1. Each satellite map;

1. Outline map of the works;

1. On-site photographs;

1. The value of the surcharge; and

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