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(영문) 인천지방법원 2013.11.01 2013노2467

산지관리법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to F’s statement, which is a public official in charge of the summary of the grounds for appeal, the charges of this case may be found guilty.

Nevertheless, the lower court erred by misapprehending the fact that the lower court rendered a not guilty verdict on the facts charged of this case based on the testimony of I, etc. without credibility, thereby affecting the judgment

2. Determination

(a) A person who intends to convert a mountainous district, the purpose of which is specified by Presidential Decree, shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts, and any person who intends to engage in development activities, such as changing

On August 2012, the Defendant engaged in development activities at the same time by cutting down the forest land of 2,346 square meters (hereinafter “the forest of this case”) without obtaining permission for the conversion of and permission for the development of the Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, which is a preserved mountainous district in early 2012.

B. According to the records, the court below held that the fact that the forest of this case was damaged by 2,346 square meters (including part 1,97 square meters in the field drawing(b) and part 350 square meters in the annexed field drawing(c)) of the instant forest, but on the other hand, it was difficult to determine whether the instant forest was damaged due to any other reason since F, a public official who filed the Defendant, confirmed the field after the damage to the forest of this case in the court below, was found in the records as follows. However, the annexed field drawing(c) is a trace of the equipment, and thus, the Defendant stated to the effect that the entire forest of this case was damaged without permission, and ② the witness I, who was in charge of civil engineering works in G and H in the annexed field drawing, was cut down due to a centralized, and damaged by the attached field drawing(b) and the attached field drawing(c) already damaged.