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(영문) 창원지방법원 거창지원 2016.11.23 2016고정99
산지관리법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Any person who violates the National Land Planning and Utilization Act shall, when he/she intends to engage in development activities, such as installing structures prescribed by Presidential Decree, obtain permission from the competent authority;

Nevertheless, the Defendant, on December 2015, performed development activities by installing three short rocks of a size of 4-6 meters in height, 35 meters in length, 31 square meters in size, and 311 square meters in size, using rock and cement inside and outside 50 centimeters in diameter, without permission from the competent authorities, for the purpose of preventing soil and sand collapse and ground collapse in land outside Ycheon-gun, Gohap-gun, Gyeongnam-gun.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall determine its use and obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and shall not divert a mountainous district without obtaining permission for conversion of a mountainous district or obtain permission for conversion of a mountainous district

Nevertheless, in early December 2015, the Defendant converted the use of mountainous districts by installing stone and cement in a mountainous district of approximately KRW 158 square meters, without obtaining permission from the competent authorities, in a manner of installing stone and cement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of the same Article, Article 140 and Article 56 (1) 1 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the main sentence of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of sentence: Article 59 (1) of the Criminal Act [Consideration of a suspended sentence: fine: fine not exceeding 1,000,000 won per day, and the period of conversion inducement: 10,000 won per day];

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