산지관리법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. It was aimed at preventing flood damage, not by misunderstanding fact, rather than by damaging forests in bad faith. It is 1,392 square meters, the damaged area of which is not 3,410 square meters.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds of ex officio appeal, we examine ex officio prior to the judgment on the grounds of appeal, and in all the facts charged in the instant case by a prosecutor, the person who intends to divert a mountainous district shall obtain permission to divert the mountainous district by determining its use.
Nevertheless, “Unauthorized Use of Used Equipment without Permission” in the facts charged in the instant case, and each of the following changes were made to read “Unauthorized Use of Used Equipment” as “Unauthorized Use of Used Equipment,” and “The amount of forest damage equivalent to KRW 41,115,000,” and “The conversion of mountainous district to mountainous district was made so that the amount equivalent to KRW 41,115,000,” and the lower judgment could no longer be maintained due to the change in the subject of the judgment.
However, the defendant's assertion of mistake of facts is still subject to the judgment of this court.
B. 1) A person who intends to divert a mountainous district shall obtain permission to divert the mountainous district from the head of the forest office, etc. by determining the purpose thereof.
Nevertheless, the Defendant is likely to cause flood damage if construction is conducted in the future on his/her own forest and forest land due to the remaining trees of felling trees scattered in Chuncheon City and five parcels of forest land during a period of two days from June 7, 2014 to August of the same month.
Based on the judgment of the court, by using heavy equipment, such as booms, for the removal of booms on the ground of removal, it is located in 350 square meters of forest land owned by the person himself/herself, 350 square meters of forest land, 140 square meters of C forest land owned by 11 other than those residing in Gangnam-gu Seoul, Gangnam-gu, Seoul, and 399-19, Namyang-dong, Namyang-si