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(영문) 울산지방법원 2014.03.21 2013고단3998
산지관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After purchasing a building at the C C C C C C mountain, the Defendant cut and filled the forest land, etc. without permission, and laid down a path leading to the building.

1. Violation of the National Land Planning and Utilization Act;

(a) A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority;

Nevertheless, the Defendant did not obtain permission from the competent authorities, from July 30, 2013 to August 3, 2013, and performed development activities by cutting and banking the ground and piling up the stone 1,920 square meters in Yangsan-si, E, F, G, and H by using the digging season, etc.

B. On August 15, 2013, the Defendant issued an order to reinstate a total of 1,400 square meters from Yangsan-si, Yangsan-si, F, G, and H, which performed development activities as above, to September 2, 2013; and even if he/she received an order to reinstate a total of 1,400 square meters from Yangsan-si to September 30, 2013, he/she did not reinstate it without justifiable grounds.

2. Violation of Mountainous Districts Management Act;

(a) A person who intends to convert a mountainous district shall obtain permission from the competent authorities for a specified purpose;

Nevertheless, the Defendant did not obtain permission from the competent authorities, and changed the form and quality of the mountainous district by making use of a digging hole, etc. with regard to forest land of 880 square meters in total of D, E, and F, Yangsan-si, part of the land indicated in the above paragraph 1's paragraph (a) at the same time as the above paragraph 1's paragraph (a).

B. On August 15, 2013, the Defendant issued an order to reinstate an act of changing the form and quality as above from Yangsan City to September 2, 2013; and even on September 12, 2013, the Defendant failed to reinstate the said act of changing the form and quality to the original state without justifiable grounds.

3. No person who intends to use or benefit from State property in violation of the State Property Act shall do any act of using or benefit from State property without obtaining permission from the competent authorities;

Nevertheless, the defendant did not obtain permission from the competent authority on July 30, 2013.

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