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(영문) 대구지방법원 안동지원 2017.04.28 2016고단937
국토의계획및이용에관한법률위반등
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as violation of the National Land Planning and Utilization Act and change of the form and quality of land in violation of the Mountainous Districts Management Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, or Special Self-Governing Province heads of Sis/Guns, and a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest, etc. according to the classification of the types, areas, etc.

Nevertheless, on March 2015, the Defendant: (a) cut part of slope of 864 square meters of forest land and 859 square meters of forest land in the name of Ansan-si, Dong-si; and (b) cut 130 meters in width and 20 meters in height from a slope corresponding to 1:0.3; (c) changed the form and quality of mountainous district to a slope corresponding to slope leveling to 1:0.3; and (d) changed the form and quality of mountainous district to a mountainous district; and (e) changed the form and quality of land by using a bridge at the same Si E (which falls under the current F and G zone) which was created as one site at the time of the completion of the construction thereof by cutting the 114 meters in width and 3 meters in height to a single site; and (e) changed the form and quality of land by making use of a fluoring machine with a height of 462 square meters in height and 40 square meters in height to a single site.

2. No person who violates the Road Act shall commit any act impeding the structure of roads or traffic without justifiable grounds;

Nevertheless, the Defendant committed an act that interferes with the structure of the road or traffic without justifiable grounds by installing concrete structures equivalent to 3 meters wide, 2 meters high, and 10cm thick in one part of the road “passage” in Ansan-si, Andong-si, J without permission from the road management authority.

3. No person who violates the Act on Property of State shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by Acts;

Nevertheless, from February 15, 2016 to April 30, 2016, the Defendant occupied and used a ditch site of 1,974 square meters, which is a state property located in Ansan-si, Dong-si, and located in that place.

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