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(영문) 창원지방법원 통영지원 2014.04.10 2013고단1054
산지관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall designate its purposes and obtain permission therefor from the Minister of the Korea Forest Service;

From April 2013 to May 201 of the same year, the Defendant cut 321 square meters of forest land and 321 square meters of forest land and 153 square meters of forest land owned by the E, located in the farmland located in the Dong-dong village association, which is owned by the Defendant, and changed the form and quality of a mountainous district of 491 square meters in total by cutting 17 square meters of forest land and 321 square meters of forest land and 153 square meters of forest land located in the Dong-dong village association owned by the Defendant, and changing the form and quality of a mountainous district of 491 square meters

Accordingly, the Defendant diverted mountainous districts without obtaining permission from the competent authorities.

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authorities to change the form and quality of land;

The Defendant changed the form and quality of land of 1,842 square meters in aggregate, such as cutting and packaging a 101 square meters of farmland owned by E in order to expand access roads to the said farmland, without obtaining permission from the competent authority for temporary bordering, and 1,832 square meters of farmland owned by the Defendant, and 10 square meters of land owned by JJ as one to five meters of farmland owned by the Defendant, and to expand access roads to the said farmland.

Accordingly, the Defendant changed the form and quality of land without obtaining permission from the competent authorities.

3. Any person who violates the State Property Act shall follow procedures and methods prescribed by the State Property Act or other Acts to use the State-owned land;

In order to expand access roads to farmland owned by the Defendant as stated in paragraph (1) without obtaining permission for the use of state-owned land at the above temporary site, the Defendant destroyed the state-owned land without permission by cutting the 43 square meters of a road site located in the Do, through concrete packaging.

4. Procedures and procedures prescribed by other Acts for the use of public property and Commodity Management Act for those who violate the Public Property and Commodity Management Act.

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