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(영문) 창원지방법원 통영지원 2017.06.29 2016고단2046
산지관리법위반등
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree, and a person who intends to divert farmland shall obtain permission from the head of the relevant agricultural and forest food division, as prescribed by Presidential Decree, and a person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan

Nevertheless, on April 2016, at the same time, the Defendants conspired to cut and filled the land of the said site into a stairs system by using equipment such as sckes, etc. for the construction of a site for the construction of a site for electric source on the D and 29 parcel outside of 20,000, without obtaining permission for the construction of a site for the construction of a electric source house, and at the same time diverted farmland 6,85 square meters and mountainous districts 1,66 square meters in length and mountainous districts and 1,521 square meters in the planned management area, and changed the form and quality of the land for the planned management area.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. An investigation report (including a photograph attached to a photograph submitted for viewing - a photograph attached to such report), a criminal investigation report (joint file of a charge of violating the laws of farmland), a criminal investigation report (Attachment to additional data related to this case, such as site photographs), a criminal investigation report (Attachment to site photographs at the time of the construction of the main case submitted by a suspect B), and a criminal investigation report (the area specified as the damaged area);

1. Each accusation;

1. A supplementary statement, a survey report on current status, a location map, and a plan for restoration from the original state of E;

1. Application of the relevant Acts and subordinate statutes to the location map and aerial photography, field photographs, and statements of reference witnesses of F;

1. Article 53 Subparag. 1 and Article 14(1) of the Management of each Mountainous Districts Act; Article 30 of the Criminal Act (a) of the Criminal Act; Articles 57(2) and 34(1) of the same Act of each farmland; Article 30 of the Criminal Act (a) of the Criminal Act; Articles 140 Subparag. 1 and 56(1) of the National Land Planning and Utilization Act for criminal facts; Article 140 of the same Act; Article 56(1) of the same Act.

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