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(영문) 대전지방법원 2016.11.15 2016고단2498
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

around April 13, 2011, A purchased Daejeon R and 15 parcels in the name of Q, and Defendant B purchased the same temporary border S and 15 parcels.

No act of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up goods, etc. within a development-restricted zone shall be prohibited, and felling standing timber or extracting or gathering forest products shall be prohibited without permission from the competent authority.

1. On September 2012, Defendant A: (a) intended to change the form and quality of bamboo and trees by cutting down bamboo and trees in order to form grassland for the creation of a stock farm in the Daejeon R Forest Land, which is a development-restricted zone; (b) cut and extracted 686 mar trees of 25 years, which are planted in a volume of 14,890 square meters out of the said forest without obtaining permission from the competent authority; and (c) as indicated in attached Table 1, the Defendant cut down trees of 708 mars within the development-restricted zone on seven occasions between May 2013 and around May 2013; and (d) installed a stone embankment or filled up stone.

As a result, the Defendant committed an act of installing structures, changing the form and quality of land, cutting bamboo and trees, piling up things within development restriction zones without obtaining permission from the competent authorities.

2. On April 2012, the Defendant cut down trees of 1,425 gins within development-restricted areas on 29 occasions, as indicated in the attached Table 2, and cut down trees of 1,425 gins, such as 20-year-old trees planted in the relevant area for planting landscape trees, on a 1,224 square meter of Daejeon Forest T, which is a development-restricted area, and carried out a horizontal work on land to build an access road.

As a result, the Defendant committed an act of changing the form and quality of land and cutting down bamboo within development restriction zones without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement 1.

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