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(영문) 서울고등법원 2016.09.30 2016노2359

상해등

Text

The defendant's appeal is dismissed.

Reasons

As to the violation of the Act on the Creation and Management of Forest Resources misunderstanding the summary of the grounds for appeal, it was true that the Defendant well paid the number of street trees, but this led to the increase in the aesthetic value of street trees, so the Defendant was damaged “damage”.

subsection (b) of this section.

In relation to obstruction of performance of official duties and injury, there is a fact that the defendant shouldered the hands of the victim E, who is the police officer, but this is an act of responding to the defendant's assault by the police officer during the arrest process to receive serious harm to his/her life and body. Therefore, it is a legitimate defense.

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

Judgment

As to the violation of the Creation and Management of Forest Resources Act as to the assertion of mistake of facts, the court of the court of the original instance held that ① the defendant has a large part of the beginning or small part of each subparagraph with respect to 3glus of the roadside trees in the vicinity of the road, ② the above 3glus of the pine trees are street trees, and they are planted for the purpose of landscaping, etc., not related to the production of the high-quality high-quality timber, which is the general st

It is reasonable to see that the Defendant is against the purpose of landscaping, etc. and friendships with the above roadside trees, and ③ Article 21 of the Creation and Management of Forest Resources Act (Approval for Creation, etc. of Street Trees) (1) Article 21 of the Creation and Management of Forest Resources Act (Approval for Creation, etc. of Street Trees) ① When a person other than the head of a local government intends to perform any of the following acts, he/she shall obtain approval from the head of the

In such cases, procedures for approval, period of approval, bearing of expenses, etc. shall be prescribed by municipal ordinance of the relevant local government.

1. Planting and raising roadside trees;

2. Transplanting roadside trees;

3. Removal of roadside trees;

4. There is a need to obtain approval from the head of a local government on the side posts of roadside trees, etc.