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(영문) 수원지방법원 2013.10.31 2013노1258
산지관리법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The gist of the grounds for appeal is that the land in this case constitutes “a mountainous district” under the Mountainous Districts Management Act on the basis of its substance, and the Defendant, without obtaining permission for conversion of mountainous district at the time, can fully recognize the fact that forest land was damaged by cutting down shot trees planted in the above place without permission for conversion of mountainous district, the lower court acquitted the facts charged in this case, and the lower

2. A person who intends to convert the facts charged in this case shall obtain permission from the Minister of the Korea Forest Service for a specified purpose;

On June 20, 2012, the Defendant damaged forest land equivalent to 4,496 square meters in size by cutting off shot trees that were planted in the relevant place without obtaining permission for conversion of mountainous district in E, E, and F, Gyeonggi-si, Gyeonggi-do.

3. The lower court found the Defendant not guilty on the ground that the Defendant was aware of the instant land as dry field, and the Defendant was found not guilty on the ground that it was merely the cutting of sloping trees, and that the Defendant did not recognize the intention of conversion of a mountainous district.

4. Judgment of the court below

A. (1) The definitions of terms used in this Act are as follows: (a) the Management of Mountainous Districts Act or the Mountainous Districts Act subject to the application of the Forestry Act.

The provisions of Article 13 (1) of the Local Tax Act shall apply mutatis mutandis.

1. The term "mountainous district" means any of the following land:

Provided, That farmland, grassland, housing land (referring to the land, the category of which under Article 67 (1) of the Act on Land Survey, Waterway Survey and Cadastral Records has been changed to building site on the completion of the relevant housing site creation project), roads, and other land prescribed by Presidential Decree shall be excluded.

Land on which standing timber or bamboo is collectively cultivated.

(b) Land where standing timber and bamboo collectively brought up are temporarily lost;

(c) Land used for collective growth of standing timber and bamboo;

(d) Forest roads, work roads, and other mountain passes;

(e) items (a) through (c);

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