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(영문) 전주지방법원 2017.09.08 2017고단1224
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the manager of DMo Park in Jeonju-si B, Jeonju-si.

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act and the National Land Planning and Utilization Act shall obtain permission from the competent authority for the diversion thereof, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority;

Nevertheless, on February 2, 2017, the Defendant cut standing trees, such as pine trees and Arabic trees, by using digging machines, etc. in Ysan-gu, Seoul Special Metropolitan City E (Yak-gu, 6,629 square meters), a mountainous district for public interest, without obtaining permission from the competent administrative authority, and laid off approximately KRW 5,000 square meters of forest land, and laid off them into several floors, and performed development activities to convert mountainous districts and change the form and quality of land by installing a retaining wall with a volume of 1.2 meters for each floor.

2. A person who intends to fell standing timber, excavate or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authorities;

The Defendant cut approximately 100 standing trees, such as pine trees and Arabic trees, which were born in a forest without permission from the competent authority, while engaging in development activities as above at the time and place specified in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. A written accusation;

1. Location map and current status of the area, field photographs, and field photographs prior to development activities;

1. Each investigation report (The statement of currency with H and person in charge of the Republic of Korea Office H and F, confirmation of land use plan of this case, attachment of land register, submission of official text of order to reinstate the illegally damaged area, and report thereon);

1. Forest land register;

1. A contract for the supply of trees for landscaping;

1. Application of Acts and subordinate statutes concerning reinstatement and corrective orders;

1. Article 140 Subparag. 1, Article 56(1)2 (a) of the National Land Planning and Utilization Act (a point of an unauthorized development act), Article 53 Subparag. 1, and the main sentence of Article 14(1) of the Mountainous Districts Management Act (a point of an unauthorized mountainous district) concerning the facts constituting an offense, and the development and management of forest resources.

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