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(영문) 전주지방법원 군산지원 2018.06.11 2017고정456

산지관리법위반

Text

Defendant

A. Defendant B is acquitted. Defendant B is acquitted.

Reasons

1. Defendant A

A. Defendant A of the facts charged is a person who leases and manages Category C D for about ten years from around the following 10 years:

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. for a specified purpose.

Nevertheless, Defendant A, without the permission of the competent authorities, diverted the use of mountainous districts in the form and quality of mountainous districts by changing the form and quality of the parking lot by using approximately 500 square meters of ground adjustment and one ton of gravels in the early early June 2017, as a sub-tracator, at the early June 2017.

B. Determination of whether a forest is a forest under Article 2 (1) of the Forestry Act shall be based on the actual status of the land in question regardless of its land category on the public register, so land category on the land lot shall be forest land category.

Even if a person loses a phenomenon as a forest and the state of such loss cannot be deemed temporary, and if it cannot be deemed that the state of the loss is a rock in a forest in light of the surrounding state, such land does not constitute a forest under the Forestry Act.

In light of the above legal principles, it is insufficient to recognize that the state prior to changing the form and quality of land as stated in the facts charged constitutes a mountainous district under the Mountainous Districts Management Act, only by the health unit and the evidence submitted by the prosecutor, is insufficient to recognize that the state prior to changing the form and quality of land as stated in the facts charged constitutes a mountainous district under the Mountainous Districts Management Act.

Rather, according to the legal statement of E or each aerial photography submitted by the Defendant, prior to the creation of a parking lot on the land indicated in the facts charged, the above land was already used as a rice field or dry field, and the surrounding land was used as a rice field or dry field. It seems that the above land had been used as a rice field or dry field, and that the above land had been used as a rice field, and it had already been lost the phenomenon as a forest before changing the shape and quality of the Defendant.