logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.05 2016노3286
산지관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (in fact-finding and misapprehension of the legal principle), the court below acquitted the defendant, although it was sufficiently recognized that he did not have any negligence or conduct control, since he did not have any negligence or did not have any negligence, and the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is a person who substantially operates G Co., Ltd. (hereinafter “G”), and has overall control over the civil works of H’s forests and fields located in the ethic era.

A person who intends to convert a mountainous district may obtain permission from the Minister of the Korea Forest Service, etc. on January 2014, without obtaining permission to convert a mountainous district, the Defendant converted the use of standing timber, such as Arabic trees, etc., into mountainous districts, such as cutting it out and cutting it out (hereinafter referred to as “the instant land”) by using scrafs, etc. from the scrafs, etc., in the forest located in Sungsung-si, 19 square meters among the forest located in J, 414 square meters among the forest located in K, 94 square meters among the forest located in K, 92 square meters among the forest located in K, and 92 square meters among the forest located in L.

B. In full view of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that each of the instant forests constituted mountainous districts under the Mountainous Districts Management Act, and that the form and quality of the instant mountainous district was changed externally by taking account of the following circumstances: (a) around January 2014, G performed the civil engineering work to create a site for neighborhood living facilities in the instant H forest; and (b) during the process of performing the construction work to create a site for neighborhood living facilities in the instant

Then, the lower court determined as follows, i.e., the following circumstances acknowledged by the record.

arrow