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(영문) 창원지방법원 밀양지원 2019.01.31 2018고정88
일반교통방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[Attachment] Defendant A is the mother of the owner of the land of 165 square meters prior to C in Gyeyang-si and is the actual owner of the said C’s land. Defendant B is the husband of F with the size of 171 square meters and is the actual owner of the said E’s land at Seoyang-si and the victim G is the actual owner of the said land. The victim G is the owner of 3,300 square meters of H forests and fields at Seoyang-si.

Among the above land C, the part of 121 square meters and the part of 37 square meters among the above E-road are located on the starting of a passage connected to the above H forest and land for meritorious services, and if one person excludes a narrow mountain channel to the degree of narrow mountain, it is the only passage from meritorious services to the above H forest and land.

A victim completed the registration of ownership transfer with respect to 3,300 square meters of H forest in Yyang-si around January 2009, and obtained permission for the development of natural burial grounds (such as a corporation, etc.) from the smuggling market around January 5, 2009, and subsequently transferred the above H land to a third party on or around October 9, 2012, but thereafter, on or around February 17, 2014, after completing the registration of ownership transfer under his/her own name, he/she operated the woodland burial ground from around the time after obtaining permission for the alteration of natural burial grounds (such as a corporation, etc.) with the name "I tree burial" from the smuggling market on or around April 22, 2014.

Around that time, the victim is required to permit the transfer of the woodland to sale.

On March 4, 2015, after receiving the revocation of permission for change of natural burial grounds from the smuggling market for the reason of violating the construction, the applicant for permission for development of natural burial grounds, such as a corporation, etc., was notified of the matters to be implemented following the application for permission for development of natural burial grounds, such as a corporation, etc., to implement the project in compliance with the implementation conditions (such as construction in accordance with the submitted project plan and construction in accordance with the project plan, including 11 woodlands already developed, and installing a clear boundary to distinguish the site of the woodland, and installing a pedestrian road and a guidance sign within the woodland area).

The victim shall complete the implementation of the requirements as above and operate a tree farm.

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