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(영문) 전주지방법원남원지원 2020.12.15 2020고단243
산지관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

B Around November 2019, the Republic of Korea, Seoul Special Metropolitan City, a quasi-preserved mountainous district, obtained permission for conversion of the area of 4,873 square meters (hereinafter referred to as “permitted area”) among the forests and fields C, Nam-si, Seoul Special Metropolitan City, for the purpose of installing a flower greenhouse, and entered into a contract with a limited company D for the construction of a flower greenhouse. The Defendant is a director of the site of a limited company D, who actually performed the construction of a flower greenhouse in

1. A person who intends to change the form and quality of a mountainous district without permission shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts

Nevertheless, the Defendant, without permission from December 2019 to April 202, 202, changed the form and quality of a mountainous district without permission from the competent authority, by using the digging hole to cut and fill the ground in a forest equivalent to 1,467 square meters in total area, such as C 1,053 square meters (Quasi-Preservation Mountainous Districts), E 184 square meters (Quasi-Preservation Mountainous Districts), F167 square meters (Quasi-Preservation Mountainous Districts), and G 63 square meters (Quasi-Preservation Mountainous Districts), from a forest with a total area of not less than 1,467 square meters, which deviates from the said permitted place.

2. A person who intends to collect earth or stone (including processing or transporting earth or stone outside a mountainous district) in mountainous district in a forest, other than an unauthorized state forest, shall obtain permission to collect earth or stone from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by

Nevertheless, on December 2019, from around April 2020 to around April 2020, the Defendant collected soil and rocks from a mountainous district beyond 15,000 cubic meters in addition to the total area of 1,467 square meters in forests and fields, such as C 1,053 square meters (quasi-preserved mountainous districts), E 184 square meters ( semi-preserved mountainous districts), F167 square meters (quasi-preserved mountainous districts), and G63 square meters (quasi-preserved mountainous districts), and collected and removed soil and rocks from a mountainous district without permission of the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the location map of the illegally damaged area, the photograph of the illegally damaged area, the aerial photography of the illegally damaged area, and the actual survey status;

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