산지관리법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
가. 사실 오인 피고인이 광주시 C, D에 농지 창고를 만들기 위하여 토목공사를 하는 과정에서 파낸 흙을 인근 임야인 E, F, G, H( 이하 ‘ 이 사건 임야’ 라 한다 )에 임시로 쌓아 뒀는데, 갑자기 많은 비가 와 위 흙이 넓게 퍼지면서 마치 피고인이 이 사건 임야를 절토 성토한 것처럼 되었다.
Therefore, the defendant did not have any intention to divert the forest of this case or change the form and quality of the forest of this case, and the defendant did not fully recognize that the defendant's act constitutes a crime under the law.
B. The sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Before the judgment on the grounds of appeal by the Defendant’s ex officio, the Defendant’s act of hedging the instant forest as a scke lekes without permission from the competent permitting authority to change the form and quality without permission, which constitutes a violation of the National Land Planning and Utilization Act, and at the same time, diversion of mountainous districts without permission from the head of the Korea Forest Service to constitute a violation of the Management of Mountainous Districts Act, which constitutes a violation of the Management of Mountainous Districts Act. This act was conducted at the same place without permission from the head of the Korea Forest Service, and thus,
I would like to say.
Nevertheless, the court below held that there are substantive concurrent relations between them.
Therefore, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment.
I would like to say.
Therefore, the judgment of the court below can no longer be maintained.
However, the defendant's assertion of mistake of facts is still subject to a trial by this court, notwithstanding the above reasons for reversal of authority.
3. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, i.e., the Defendant C and D in Gwangju City.