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(영문) 대법원 2019.05.30 2018도7996
산지관리법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the charged facts of this case on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “afinite trees or any other unlawful means” as prescribed by Article 140 subparag. 1 of the National Land Planning and Utilization Act and “afinite or any other unlawful means” as prescribed by Article 53 of the former Management of Mountainous Districts Act (Amended by Act No. 14361, Dec. 2,

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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