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(영문) 수원지방법원 평택지원 2019.07.19 2018고정524
산지관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, and a person who intends to engage in development activities, such as gathering earth and rocks, shall obtain permission from

Nevertheless, around March 2016, the Defendant, without obtaining permission from the Minister of the Korea Forest Service and the competent administrative authority, used sckes in the total area of 958 square meters in Ansan-si B (918 square meters) and C (40 square meters), which is a quasi-preserved mountainous district (other than preserved mountainous districts), and conducted cutting and cutting of sckes and collecting soil and rocks, and conducted development activities without permission.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of witness E;

1. A written accusation;

1. Current status map;

1. Current status photographs;

1. The suspect interrogation protocol of the police against D (the defendant and his defense counsel claimed that the land for which the defendant wants to cut and collect earth and rocks against E is not the land A at any time but the land B at any time (i.e., cutting and collecting earth and rocks from the land at the above land due to the error of E, and later obtaining permission for cutting and collecting earth and rocks from the owner of the above land.

In other words, the evidence duly adopted and examined by this Court and the circumstances acknowledged thereby, i.e., the defendant, without obtaining permission from the owners of the Korea Forest Service, B and C on March 2016, to the effect that "the defendant obtained such permission from the land owner", and let him use sckes and collect soil and stones within 918 square meters in Ansan-si B and 40 square meters in Ansan-si B, and ② the actual owner of Ansan-si B is the F, the seat of the witness D.

A witness D knew the fact that the Defendant cut and collected earth and rocks on March 2016 and, based on the knowledge of the fact, the Defendant was ordered to restore to the original state or flatized work. However, considering the fact that the Defendant failed to perform this, and the fact that there is no evidence or evidence supporting the Defendant’s defense.

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