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(영문) 창원지방법원 통영지원 2017.04.26 2016고단1869
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of a forest office, etc. according to the classification of the types, size, etc. of the mountainous district prescribed by the Ordinance of Tong and Tong;

Nevertheless, the defendant from August 2016 to the first police officer of the same year.

9. Until May 1, 200, in order to use Tong-si C as farmland without obtaining permission, cutting standing timber in its place by using equipment, such as buckers, etc., and cutting and flating the land, converting the form and quality of forest land of 670 square meters into mountainous districts.

2. Any person who intends to commit an act prescribed by Presidential Decree, which constitutes an alteration to the form and quality of land in violation of the National Land Planning and Utilization Act, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan Autonomous City Mayor,

Nevertheless, the defendant from August 2016 to the first police officer of the same year.

9. Until May 1, 200, the land was cut and flated by cutting the land using equipment, such as cream, etc. on the aggregate of 480 square meters in Tong-si D and E, Tong-si and E, without obtaining permission to plant crusitate crus, and the land was diverted to a total of 660 square meters by piling a stone shed on the F 180 square meters in 180 square meters;

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made to G by the police;

1. A survey report on the actual condition, a statement of opinion following illegal development activities, and an official document requesting restoration from the original state, a location map, and a photograph of the current status;

1. Application of Acts and subordinate statutes for investigation report (verification of areas, districts, etc. under the National Land Planning and Utilization Act);

1. Relevant Article 53 Subparag. 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14(1) (unauthorized mountainous districts) of the same Act, Subparag. 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56(1)2 (unauthorized change of form and quality) of the National Land Planning and Utilization Act, and the selection of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant.

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