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(영문) 의정부지방법원 2020.09.09 2019고단4640
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

1. The same shall apply where a person who intends to engage in development activities in violation of the National Land Planning and Utilization Act obtains permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor

Nevertheless, the Defendant, from early April 2019 to May 2019, without obtaining permission for change of development activities from the competent authorities, conducted development activities, such as changing the form and quality of land by cutting and banking up approximately KRW 2,215 square meters among the forest land B in Nam-si, Namyang-si, without obtaining permission for change from the competent authorities, and installing a reinforced soil retaining wall at a height of 2.3 to 3.4 meters in length.

2. A person who intends to divert a mountainous district in violation of a Mountainous Districts Management Act shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and the same

Nevertheless, on April 2019, the Defendant converted the use of mountainous districts, such as cutting and raising approximately KRW 2,215 square meters out of the land in Namyang-si, Nam-si, the quasi-preserveding mountainous district, without obtaining permission from the competent authority from the first police officer to the first police officer from May 2019, and installing a reinforced soil retaining wall at a height of 2.3 to 3.4 meters in length.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes, such as a written accusation, written statement, investigation report, on-site photo, full certificate of registered matters, land use plan confirmation document, land use plan, survey map, old survey map, investigation report (written attachment by a person in charge of accusation, etc.), person, know-how permission for development activities, permission for development activities (land form and quality change), current status survey map, and old map;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (2) of the same Act concerning facts constituting an offense (the occupation of development activities without permission for modification), subparagraph 1 of Article 54 of the Mountainous Districts Management Act, and Article 14 of the same Act;

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