산지관리법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) heard the answer of public officials who are allowed to pass through the ditch site without reporting or permission if there is no damage to the ditch site. Since the instant mountainous district did not recognize that it is a mountainous district requiring temporary use of the mountainous district, the lower court recognized the fact that the Defendant went to the instant crime with the knowledge of the fact that it was a mountainous district and did not go to the instant crime, it erred in misunderstanding of facts.
2. Determination
A. In order to take out of the original wood, the Defendant sought to install a road on the E ditch in Chuncheon-si E-si, the boundary of which is located, rather than the Chuncheon-si C Forest (hereinafter “instant mountainous district”).
The public official in charge of the river of Chuncheon was given an answer that it is possible to pass through if it is possible to enter the inquiry about the installation of the ditch site as a ditch site without damaging any defect.
Therefore, although the defendant tried to build a road on the ditch, the mountainous district of this case became a ditch, and part of the road was installed.
Therefore, there was no perception that the defendant passed through the mountainous district of this case without reporting temporary use of the mountainous district.
B. The following circumstances acknowledged by the evidence duly adopted and examined in the judgment of the court below and the court below, namely, ① the part of the mountainous district should pass through the mountainous district in order to go through the mountainous district in the place where the defendant was set to a ditch on the land category according to the cadastral map of the mountainous district of this case. ② According to the photograph of the damaged area, the part of the mountainous district of this case seems to fall under the mountainous district which is not a ditch in terms of the current status, and it appears to fall under the mountainous district which is not a ditch in light of the current status, ③ according to the field photograph (Evidence No. 38 pages of evidence records; hereinafter the same shall apply). ④ According to the judgment of the court below and the court below, according to the defendant's statement, the defendant is to save the costs of the measurement required