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(영문) 수원지방법원 2016.07.07 2015노6790
산지관리법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendant ordered D, an engineer, to open a village of the land of the members of Ansan-si, Ansan-si, the Sinsan-si, to the construction of the village of the land of the members of the Gu, and it means that the width of the road should be expanded. In the event that the width of the road is expanded, the Defendant cut the land of the members of the members of the Gu, Ansan-si, the neighboring to the above land C and cut the land and did not instruct D to perform a specific work after the completion of the road or to specify the width of the road. Thus, the Defendant did not have any negligence with regard to damage to the use of mountainous districts and standing timber of the above E land.

must be viewed.

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

2. Determination

(a) Summary of the facts charged 1) A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the relevant forest office, etc. for a specified purpose

Nevertheless, the Defendant, without obtaining permission from the competent authority for the diversion of mountainous districts on June 29, 2013, opened village paths (1.5m, 2.5m, and 75m in length) in Ansan-si, Nowon-gu, Seoul-si (hereinafter referred to as the “Masan-si”) in the Dong-gu, Ansan-si, the Defendant appears to be a clerical error in the “in cubic metres” of the “in cubic metres,” which is about 430m of soil sand, by removing big trees, pine trees, and Arabic trees that were planted there from the Dong-gu, Ansan-si, the area adjacent to the said village.

Mountainous district was diverted in a way that cuts considerable amount of mountainous district.

2) No person shall damage or withering standing timber or bamboo in a forest without good cause in violation of the Creation and Management of Forest Resources Act.

Nevertheless, Defendant 1 performed the construction of a village path at the time, time, and place described in the above paragraph (1) at the Dong-gu, Ansan-si.

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