(영문) 춘천지방법원 강릉지원 2014.04.29 2013노528

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(영문) 춘천지방법원 강릉지원 2014.04.29 2013노528

산림자원의조성및관리에관한법률위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since all trees cut by the defendant due to mistake of facts or misapprehension of legal principles, the act of cutting down by the defendant does not constitute a crime.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor examined the case at the trial, and the prosecutor applied for the permission to amend the indictment with the purport that "the total market value of the 6glus' standing timber was cut to a total of KRW 199,00,00, and shall be loaded in the 6glus' standing timber," "the total market value of the 1glus' standing timber and the 2glus' standing timber is cut to a total of the 1glus' standing timber and the total market value of the 2glus' standing timber in the forest, cut the 2glus' standing timber in the forest, and then cut the 2glus' standing timber to be loaded in the E, and therefore the judgment below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court, despite the above reasons for reversal of facts, and this is to be examined.

B. In full view of the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts or misapprehension of legal principles, and the statements at each court of trial of H and I, it can be recognized that there was a spawn spak in 1g of pine trees among trees cut by the Defendant and there was a spawn in 2g of spawn.

According to the above facts of recognition, since there is no error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which found the defendant guilty of this part of the facts charged, since 1g and 2gg of the trees that the defendant cut through E were growing.

3. The judgment of the court below is correct.

유사 판례

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