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(영문) 춘천지방법원 영월지원 2019.11.26 2019고단430
산지관리법위반등
Text

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

However, 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. Where a person who violates the Management of Mountainous Districts Act intends to convert a mountainous district, he/she shall obtain permission from the competent authority according to the classification of types, areas, etc. of

Nevertheless, on August 2017, the Defendant converted the use of mountainous districts into mountainous districts by expanding access roads using construction equipment, from 354 square meters among the forest land B in Gangseo-gu, Gangwon-do, which is a preserved mountainous district, without obtaining permission from the competent authority.

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

Nevertheless, the Defendant, without obtaining permission from the competent authority from January 2018 to July 2018, installed a temporary access road of approximately 50 meters in height, 50 meters in height, 3 meters in width, and 446 square meters in Gangseo-gun C, Gangwon-do, and 554 square meters in size.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the Korea Forest Service, such as a business trip report, a report on detection of buildings in violation of the Building Act, documents related to reinstatement order, a business trip report, a report on the status of forest damage, survey results drawings, forest land register, results of current status survey, field photographs, land utilization

1. Article 53 of the relevant Act on Criminal facts, the former part of the main sentence of Article 53 of the Mountainous Districts Management Act, Article 14 (1) of the main sentence of the Mountainous Districts Management Act, subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 (1) of the National Land Planning and Utilization Act, the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to seven years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, without permission, changed the use of mountainous districts by expanding access roads to preserved mountainous districts, and performed development activities by installing stone embankments on land without permission.

. These actions.

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