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(영문) 대구지방법원 상주지원 2019.06.11 2019고단85
산지관리법위반등
Text

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

Reasons

Punishment of the crime

1. Any person who intends to construct a building in violation of the Building Act shall obtain permission from the competent authorities;

Nevertheless, the Defendant, without obtaining permission for the door light market from September 2014 to September 2015, 2015, accumulated a wall with cement block B, and constructed a single-story building with a floor area of 82.6 square meters in aground.

2. Any person who intends to divert a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the competent administrative agencies;

Nevertheless, the defendant does not obtain permission from the Administrator of the Korea Forest Service or the Gyeongsung market.

(a) around September 2016, to convert mountainous districts into 349 square meters by using scickers for the purpose of installing a parking lot of a flag source in literature-si, and by using a dump truck with a dump truck with a method of dumping off stone and dumping it into the floor;

B. Around August 2017, a person diverts a mountainous district of approximately KRW 362 square meters by using one dump truck with a dump truck to facilitate people's traffic, and by using a dump truck to cover it on the floor and on the floor;

C. Around August 2017, the mountainous district was converted to a mountainous district of approximately 455 square meters by cutting the mountainous district and disposing of it in order to quinate and quinate the agricultural village in literature-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Subparagraph 1 of Article 110 of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016; Act No. 14016, Feb. 3, 201); Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act for criminal facts;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is against the defendant's wrongs, the fact that a fine of KRW 100,000 is the only criminal record, the health of which is not good, and the fact that social bond relationship is clear, etc. are favorable to the defendant.

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