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(영문) 광주지방법원 2019.02.27 2018고단4791
산지관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development activities;

Nevertheless, the Defendant, without obtaining permission from the competent authority from March 10, 2018 to March 17, 2018, performed development activities by cutting and raising the volume of 1,00 square meters in height B by using excavation devices in the Dong-gu, Gwangju-dong C, and Dong-gu, Gwangju-gu, and Dong-gu, Gwangju-gu, by means of cutting and raising the height of 1,00 square meters in height B, 2-5 square meters in width, 80 square meters in length, and 1,930 square meters in size, and performed development activities by cutting and raising approximately 6,743 square meters in height of land, which is the actual forest area, within the area of C and D, which is a cut ground, outside of the area of 1,00 square meters in height, and setting it into a

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree

Nevertheless, the defendant, without obtaining permission from the competent authorities, diverted and filled up forest land in Gwangju Dong-gu B and changed the use of forest land into mountainous districts without obtaining permission from the competent authorities.

3. A person who intends to cut standing timber in a forest in violation of the Creation and Management of Forest Resources Act shall obtain permission from the competent authorities;

Nevertheless, without obtaining permission from the competent authority, from March 10, 2018 to March 17, 2018, the Defendant cut approximately KRW 75 galls, such as dump trees, native trees, fump trees, prone trees, substitute trees, etc., in forest land owned by Gwangju Dong-gu, a company director.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made by the police interrogation protocol of the accused and the suspect interrogation protocol of the prosecution;

1. Statement by the prosecution against F and G;

1. Some statements made by the police officer in F and G;

1. The land cadastre (C), land cadastre (D), forest land cadastre (B), land use planning map (C)(C)(C)(C), but is a clerical error in C.

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