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A defendant shall be punished by imprisonment for not more than ten 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
1. No person who violates the management of a mountainous district shall divert a mountainous district to the head of a forest, etc. without obtaining permission to divert the mountainous district;
Nevertheless, on March 2010, the Defendant created farmland in a forest equivalent to 11,748 square meters, E forest, 1,918 square meters among E forest, 980 square meters of F forest, and 2,121 square meters of G forest, and 16,767 square meters of mountainous district, without obtaining permission from the competent authority, and converted the use of mountainous district to mountainous district, without obtaining permission from the competent authority.
2. A person who has violated the provisions of the Non-Act on the Conservation of Small Rivers (other than ready-mixed in a small river) shall not construct, rebuild or alter an artificial structure without obtaining permission from the managing authority of the small river.
그럼에도 불구하고 피고인은 2012. 5. 경부터 2014. 5. 경까지 포항시 북구 H에 있는 소하천인 I 하안( 河岸 )에 레미콘 약 450 톤을 타 설하여 하천 둔덕 및 바닥 부분을 콘크리트 포장하였다.
3. No person, other than a river management authority, shall execute river works or maintain or repair a river without obtaining permission from the river management authority.
Nevertheless, on August 2014, the Defendant installed a retaining wall (2 meters in height, 72 meters in length) with concrete in K, etc., located within the J river area, which is a local river located in the north-gu, the north-gu, the north-gu, the territorial sea.
4. No person who violates the Act on the Property of the State shall use or profit from State property in compliance with the procedures and methods prescribed by the State Property Management Act or other Acts.
Nevertheless, from February 8, 2013 to August 18, 2015, the Defendant used and profit from the farmland without permission, instead of following the procedures and methods prescribed in the State Property Management Act or other Acts, the North Korean territory, North Korean territory, North Korean territory, North Korean territory, and North Korean territory.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement by the police concerning L;
1. Each statement of M, L, N, andO;
1. The investigation report (related to the exclusive use of mountainous districts);