beta
(영문) 수원지방법원 2018.05.28 2017노8581

산지관리법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In the instant case, the lower court determined that the entire area of the forest land as indicated in the lower judgment was damaged even though the forest area damaged by the Defendant without permission was merely about 18cc wide and about 4m wide and about 20m long, and that the entire area of the forest land was damaged by mistake of fact, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, and eight hours of community service) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by authority, the defendant committed a crime of violation of the Management of Mountainous Districts Act due to the act of installing a retaining wall without obtaining permission from the competent authority in part of the forest as stated in the judgment below and the violation of the National Land Planning and Utilization Act due to the act of installing a retaining wall, and the crime of violation of the National Land Planning and Utilization Act are crimes of ordinary concurrent crimes corresponding to several crimes, see, e.g., Supreme Court Decision 2010Do12069 Decided December 9, 2010, etc., the court below erred in the determination of punishment by adding aggravated concurrent crimes by deeming that the act is in a relation of actual concurrent crimes, and it was obvious that

However, the defendant's assertion of misunderstanding the facts is still subject to the deliberation by the party, and the following is changed.

3. Judgment on the Defendant’s assertion of mistake of facts

(a) A summary of the facts charged in this part 1) A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the relevant forest office, etc., specifying

Defendant

A appears to be a clerical error in the facts charged in 2017.

2. 15. Mountainous districts were diverted by means of damaging a forest equivalent to 918m2 in Gwangju-si without obtaining permission for mountainous district conversion and installing retaining walls to prevent earth and sand.

2) A person seeking to change the form and quality of land in violation of the National Land Planning and Utilization Act shall be granted permission from the competent authority for development activities.