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(영문) 인천지방법원 부천지원 2013.08.16 2012고단2212

산지관리법위반등

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. 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.

2. Determination

A. Of the instant forest land asserted by the Defendant and his defense counsel, the part 1,97 square meters in the annexed field drawings (b) in part 1,97 square meters are naturally cut down and damaged due to a rain concentrating rain in 2012. Of the instant forest land, the part 350 square meters in the annexed field drawings (c) and part 350 square meters in the annexed field drawings (a) in the annexed field drawings in 2011 are damaged by an article E, who was instructed by the Defendant to find a restoration method in the annexed field drawings (a) while operating a brecke at will while driving the brecra, and there was no fact that the Defendant diverted the mountainous district or engaged in

B. Therefore, the fact that the forest of this case was damaged by examining whether the damage to the forest of this case was caused by the Defendant’s act, and the evidence submitted by the Prosecutor alone is insufficient to acknowledge the damage as to whether the forest of this case was damaged by the Defendant’s act. However, there is no evidence to find otherwise that the Defendant damaged the forest of this case.

Rather, F, who is a public official in charge of informing the Defendant, verified the field after the damage to the forest of this case in this court, so it was difficult to determine whether the forest of this case was damaged by cutting or raising the forest of this case or damaged by any other reason. However, the part of the attached on-site drawing (C) is as follows.