공유재산및물품관리법위반
Acquittal of the accused shall be acquitted.
From March 2013 to December 31, 2015, the Defendant is a person who has obtained permission to use the area of 4,265 square meters from the Yan City as public property from the Yan City.
Anyone who intends to use public property shall obtain permission from the head of the competent local government.
Nevertheless, on October 2013, the Defendant used the public property without permission by raising the volume of soil and stone and stone on 2,471 square meters in an area other than the existing use permission, including cream, on the 2,471 square meters in an area other than 2,471 square meters outside the previous use permission, while performing the work of opening access roads to a pit in accordance with the gold mining business at the above place in the middle of
Judgment
The base point of time for res judicata effect of a criminal judgment is the final point of time of sentencing, which is the final point of time when there is a possibility of factual deliberation, and the effect of the prosecution and the final decision in respect to the act committed until such time has become final and conclusive. Furthermore, if the social factual relations, which form the basis of the facts charged, are the same in the basic point of view, the res judicata effect of the criminal judgment will be over the same scope. In the case of a commercial concurrence under Article 40 of the Criminal Act which constitutes several crimes, the res judicata effect of the final
According to the records, the Defendant: (a) on April 1, 2013, the period from April 1, 2013 to March 31, 2023, 2013, the period of temporary use of the farmland C, 4,265 square meters in Bosi-si, Chungcheongnam-do; (b) obtained authorization of mining plans for the area D, E, under the condition that the period of public property use permission is from April 1, 2013 to December 31, 2015; (c) accordingly, the Defendant obtained the permission of temporary use of the farmland, 4,265 square meters from Bosi-si; and (d) the Defendant cut the land, other than the area for which he/she obtained the permission of temporary use and the permission of public property use while installing incidental mining facilities on October 2013, 2013, on soil and stone 3,151 square meters in cubic meters in volume from the area for which he/she obtained the permission of temporary use and public property use.