산지관리법위반
The prosecution of this case is dismissed.
1. Around August 2012, the Defendant, without obtaining permission from the competent authority, converted the use of mountainous districts by installing one tombstone, one grave, and one cemetery with a size of five square meters on the forest and field in Macheon-si C.
2. Determination
A. In accordance with Article 248 of the Criminal Procedure Act, a public prosecution does not take effect on any person other than the defendant designated by the public prosecutor, so the prosecution takes effect only on the person designated as the defendant.
B. According to the records of this case, although the prosecutor had the intention to prosecute D (E) but filed a public prosecution against the defendant who does not have any relation to the facts charged of this case due to clerical error, etc., the court issued a summary order as it is, but the defendant alleged that he did not have committed the same crime as the facts charged, and the fact that the defendant filed a request for the
C. Therefore, Article 327 subparag. 2 of the Criminal Procedure Act applies mutatis mutandis to the case where the public prosecution against the defendant is dismissed in the sense that the defendant had the status of a defendant in form or appearance, and thus, it is apparent that the defendant did not have a legitimate prosecution in accordance with the above legal principles. It is so