산지관리법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that since the Defendants registered the first aggregate extraction business by fraud or other improper means, permission for the extraction of soil and rocks on the premise of registration for the above aggregate extraction business was also granted by fraud or other improper means.
Although the court below rendered a not-guilty verdict on the facts charged of this case, the court below erred by misunderstanding facts against the rules of evidence or by misunderstanding the legal principles on the aggregate extraction and mountainous district management Act, which affected the conclusion of the judgment.
2. Examining the evidence of this case in detail in light of the records, the court below is justified in finding the defendant not guilty of the facts charged of this case on the ground that even if the defendant registered the business of collecting aggregate pursuant to the Aggregate Extraction Act and submitted one copy of the certificate of aggregate extraction business to the competent authority with documents attached thereto, the defendant cannot be deemed to have obtained permission for collecting soil and stones by fraud or other improper means, and there is no other evidence to prove that the defendants violated the Mountainous Districts Management Act, and there is no error of misunderstanding of facts or misunderstanding of legal principles as asserted by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.