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(영문) 수원지방법원 여주지원 2018.02.09 2017고단1577
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. No person who violates the management of a mountainous district shall divert a mountainous district without obtaining permission from the head of the competent forest office or any other competent authority to divert the mountainous district;

Nevertheless, on November 2013, the Defendant, with permission, etc. for the creation of a site for electric power resource in the Gyeonggi-si B B, Gyeonggi-gu, Gyeonggi-do, obtained the permission from the competent authority in the process of performing the construction work without obtaining permission for the creation of a site for electric power resource, carried out the construction work for the creation of a site for electric power resource, and cut a total of approximately 3,591 square meters at a height of at least 50 centimeters, and used a mountainous district without permission by piling up a stone axis of about 0.8m to 3m in height on that point.

2. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development activities from the competent authority;

Nevertheless, the aforementioned 1. Date and time, at the place, the area permitted by the competent authorities, such as the above 1.3m above, exceeded C, D, E, F, G, H, H, and I, carried out construction for the creation of the site for electric power resource, and cut approximately 3,591m2 at a height of at least 50m high, and changed the form and quality of the land by stockpiling a stone embankment of at least 0.8m2 to 3m3m2 above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written Statement;

1. Surveying the current status;

1. Statement to J;

1. Satellite photographs and field photographs;

1. Investigation report (Attachment of personal permission data and satellite photographs);

1. A copy of the official document of a construction report, old map, satellite photograph, and a land use plan;

1. Application of Acts and subordinate statutes to investigation reports (reports attached to I land use shops);

1. Subparagraph 1 of Article 53 and Article 14 (1) of the Management of the Mountainous Districts Act concerning the facts constituting an offense; Articles 140 and 56 (1) 2 of the National Land Planning and Utilization Act;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Mountainous Districts Management Act);

1. Selection of imprisonment with prison labor chosen;

1. The area of violation of the reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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