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(영문) 수원지방법원 2016.03.16 2015노1826
개발제한구역의지정및관리에관한특별조치법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, although the defendant could be fully convicted of the facts charged in this case, the court below found the defendant as not guilty of the facts charged in this case, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

(a) No act, etc. of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up articles, etc. shall be conducted in a zone subject to the summary of the facts charged;

Nevertheless, without permission from the competent authority on March 7, 2014, the Defendant, without permission of the competent authority, indicated the sentence of the lower judgment in the area of 103.5 cubic meters of cut volume by using a saw in Gwangju City, which is a development restriction zone around March 7, 2014. However, in light of the written indictment of this case, it is clear that it is a clerical error in the

A considerable amount of bamboo trees were cut.

B. According to Article 12 (1) (proviso)5 of the Act on Special Measures for the Designation and Management of Development Restriction Zones and Article 15 of the Enforcement Decree of the same Act, the lower court determined that the felling of bamboo trees, which can be permitted, is stipulated as “at least 500 square meters in size or 5 cubic meters in size of felling,” and in this case, the Defendant is also the confession of the Defendant. However, the evidence submitted by the prosecutor alone is insufficient to recognize that the size of the above felling trees is at least 5 cubic meters in size, and that there is no other evidence to acknowledge this, the facts charged on the ground that this part of the facts charged constitute a case where there is no evidence to prove a crime, thereby not guilty by the latter part of Article 325 of the Criminal Procedure Act.

(c)

According to the evidence duly adopted and examined by the court below, the defendant can only recognize the fact that the defendant cut down bamboo and trees in Gwangju City, and further, the size of the cut trees is 50 square meters or more of the cut area.

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