The defendant shall be innocent.

The summary of the judgment against the defendant shall be published.

A approximately 28m2,00 square meters of a day-to-face 0-4 (hereinafter referred to as “the instant forest”) in Busan-gun is temporarily stored in the Defendant in the course of digging up a foundation to install a retaining wall. Although the Defendant did not have filled up the land to open an access road without obtaining permission from the Minister of the Korea Forest Service, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged and adversely affected the conclusion of the judgment.

2. Summary of the facts charged in this case and the judgment of the court below

A. Summary of the facts charged in this case

The defendant is a director of ○ Construction Co., Ltd., which is a new construction corporation of e.g., a e., a e.g., a e., a e.g., a e., a e.g. factory

Although a person who intends to convert a mountainous district intends to obtain permission from the Minister of the Korea Forest Service in accordance with the Presidential Decree, he/she converted a mountainous district into a land of approximately 0-4 square meters in the area of a size of 28 square meters in Busan-gun, in order to establish access roads which can enter the new factory construction site around September 2007 without obtaining such permission.

B. The judgment of the court below

The court below found the witness P's legal statement, police's statement, K's statement, location map, and each photograph as evidence to be guilty of the facts charged in this case.

3. Judgment of the court below

A. Details of the instant case

According to the records, the following circumstances are revealed.

1) As to the instant forest land construction project and warehouse construction project (hereinafter “instant construction project”), i.e., i., i., e., e., i.g., a representative director, entered into a contract with ○ Construction Co., Ltd. (hereinafter “○ Construction”). Of the instant construction project, i.e., i., e., i., e., g., i., i., i.e., i., i

2) During the instant construction process, neighboring residents of the forest of this case resisted the construction and obstructed access roads leading to the construction site, and G provided temporary access roads to P to the construction site.

3) 위 임시 진입로 개설과 관련한 인근 주민들의 민원 제기로 기장군청 ◆과 담당공무원인 B, K은 이 사건 공사 현장에 나가, 이 사건 임야 123㎡를 공사차량 진입로 개설 용도'로 불법 산림형질변경을 한 사실을 확인하고 G을 산지관리법 위반죄 등으로 고발하였다.

4) After the conclusion of the instant construction suspension and restoration order of unlawful matters by the captain head of the Gun, and the head of the Gun on December 31, 2007 notified the completion of the construction of a large number of damaged forest areas by the captain of the Gun on December 31, 2007. On July 4, 2008, G completed the construction of a road with permission for the change of land form and quality for the creation of a lot access road on the above temporary access road by the captain of the Gun on July 4, 2008. 5) The part of 95 square meters of the forest land of this case (A) out of 123 square meters of the forest land of this case was stated to be installed by G under the direction of G to install an access road to the construction vehicle, and the remainder of 28 meters (B) was changed to the charge that P was converted to a mountainous district by means

B. Determination

The summary of the facts charged in this case is that the defendant diverted the use of mountainous districts to install access roads to the part B of the forest of this case. The defendant's alteration was temporarily stored in the process of destroying the foundation for the installation of retaining walls while he was performing the construction of the original permission, and it was difficult to store soil, and there was no embling work for the installation of access roads.

In light of witness B and K’s testimony, it is difficult to believe the above P’s statement as it is, as it is, in light of the witness B and K’s testimony, it is difficult to believe that P would have believed it as it is in light of the witness witness’s testimony, and the written statement of K’s preparation is also difficult to believe it in light of the witness’s testimony, and the remaining location map and each site photograph alone are sufficient to recognize that the form and quality of the mountainous district was altered by opening the access road to the part B of the forest of this case as part of the forest of this case for the purpose of opening the access road.

Meanwhile, at the construction site at the time of the instant accusation, B was used as a temporary access road. The part B among the forest land at the construction site at the time of the instant accusation and filed a complaint as to both part A and B of the forest land at the time of the instant accusation. However, the part A among the forest land at the construction site at the time of the instant accusation, and the part B at the time of the alteration of the form and quality of the access road after the construction site at the time of the instant complaint, stating that it was confirmed that the part A is temporarily stored at the place where the retaining wall was installed for the purpose of site creation, and that the remaining part B was not at the location of the access road, and that only A among the forest land at the trial site at the time of the instant accusation, K was traveling, and the part B was stored at the time of the said investigation site at the time, but its determination was not confirmed, and thereafter, it was confirmed that the Defendant temporarily stored the forest land at the time during the process of cutting the foundation for installing the retaining wall, and there was no other evidence to acknowledge it in light of the form and quality of the forest land.

Therefore, although there is not sufficient evidence to acknowledge that the defendant diverted part B of the forest land of this case without permission, the court below found the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, which affected the conclusion of the judgment, and the judgment of the court below is no longer maintained.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows

4. Conclusion

The summary of the facts charged in this case is the same as that of the above 2-A, which constitutes a case where there is no proof of crime as seen earlier, and thus, a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is to be published pursuant to Article 58(2) of the Criminal Act,

Judges Jong-ho

Judges Kim Gin-ju