산지관리법위반등
1. The judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 7,000,000.
3. The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) In order to cultivate a misunderstanding of facts, Defendant 1 filled the land as stated in the facts charged, and according to the National Land Planning and Utilization Act, the above act does not constitute a change in the form and quality that requires permission from the competent authority. Nevertheless, the lower court’s judgment convicting Defendant of paragraph (1) of the facts charged under the premise that permission from the competent authority is necessary for the Defendant’s act, which erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) The lower court’s punishment of unreasonable sentencing (fine 4,00,000)
B. Comprehensively taking account of the evidence submitted by the prosecutor at the lower court and the first instance court, the fact that at the time when the Defendant embanks as stated in the facts charged, the part of the E forest land was located in the mountainous district at Dong Young-si.
Nevertheless, the judgment of the court below which acquitted the facts charged under paragraph (2) is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. Judgment on the defendant's assertion of mistake of facts
(a) In cases of changing the form and quality of land under related Acts and subordinate statutes, in principle, permission from the competent authority shall be obtained, but in cases of farming, change of the form and quality of land prescribed by Presidential Decree
(Article 56(1)2 of the National Land Planning and Utilization Act (Article 56(1) of the same Act). Here, “the alteration of the form and quality of the land prescribed by Presidential Decree” refers to the alteration of the form and quality of the land to grow crops, to enhance the soil capacity and productivity of farmland, to change the form and quality of the land for the installation of the water pumping and drainage system, to which the alteration of the form and quality of the land affects irrigation, irrigation, drainage and farming of adjoining land (Article 56(1)1), to which aggregate recycling, abandoned soil of the place of business, inorganic sludge, etc. might cause water pollution or soil contamination (Article 56(1)2), and to which the