[산림법위반][공1987.2.15.(794),279]
Cases where land category is a forest, but it does not constitute a forest under the Forestry Act.
Forests stipulated in each subparagraph of Article 2 (1) of the Forestry Act shall be classified according to the actual state of the land concerned, notwithstanding the land category entered in the public register. Therefore, although land category on the land cadastre has become forest land category, since it has been lost due to the adjustment of grassland and the alteration thereof, it is not only standing timber, bamboo, standing trees, or land where death has been growing up until now since the phenomenon as a forest has been lost due to the adjustment of grassland and the alteration thereof, but it cannot be deemed that the state of loss of the present state of the forest above is temporary and that it cannot be recognized as a stone located in a forest
Article 2 (1) 1 of the Forestry Act
Supreme Court Decision 84Do1001 Delivered on July 10, 1984
Defendant
Prosecutor
Chuncheon District Court Decision 85No584 delivered on April 24, 1986
The appeal is dismissed.
We examine the prosecutor's grounds of appeal.
1. For the purpose of each subparagraph of Article 2(1) of the Forestry Act, the term “forest” means standing trees (a) collectively growing, bamboo and standing timber that are collectively growing, land (b) which is temporarily lost, land (d) which is located within each of the above lands, land which is used for collective growth of bamboo and bamboo, land which is located within each of the above lands, land which is located within the above lands (d). Among them, farmland, housing land, roads, etc. are excluded, and in this case, forest shall be determined according to the actual state of the land concerned, regardless of the land category in the public register (see Supreme Court Decision 84Do1001, Jul. 10, 198
2. According to the facts duly established by the court below, the place where the defendant collected 7 rocks of natural stone without the authority's permission can not be deemed temporary since it did not constitute a forest under the Forestry Act, since it did not constitute a forest under the Forestry Act, since the land category was a forest under the land category on the land cadastre 65-3 located in Yancheon-gun, Yancheon-gun, Gangwon-do. However, since the land category was developed into a stairs field in 1967, part of the land was used as farmland, and the place where dry rocks were collected after the defendant purchased the above forest land on December 10, 1982, where natural stone was filled up due to grassland rearrangement and irrigation, and since it lost the phenomenon as a forest under the above law, it cannot be deemed that the land is a forest under the Forestry Act, and since the land in question does not constitute a forest under the conditions surrounding surrounding areas, it cannot be deemed that there was no error in the misapprehension of legal principles as to the violation of the rules of evidence against the Forestry Act, or that there was no error in finding of facts.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Osung-hwan (Presiding Justice)