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(영문) 춘천지방법원 2013.10.02 2012노1033
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios) is that the Defendant was subject to a disposition of no prosecution due to the expiration of the statute of limitations on September 30, 201, from the Chuncheon District Prosecutors' Office (No. 6, 2011) on January 26, 2011, but there was an error of law by misapprehending the legal principles regarding the judgment of the court below which convicted him of the facts charged in this case which are objectively recognized as identical, which affected the conclusion of the judgment.

2. According to the records, the facts charged of the instant case did not require the Defendant to change the form and quality of a mountainous district by installing a 274m2 and a cemetery 113m2 on September 1, 2005, using a digging hole on the forest land B in Gangwon-do, Gangwon-do, and by January 17, 201, 8 times from January 17, 201 to January 31, 201, the Defendant violated the Gangwon-do Forest Development Institute’s order to illegally divert the forest land B, and thereby failing to implement the order to divert the form and quality of the mountainous district, thereby violating Article 5 subparag. 10 and Article 44(1)2 of the Mountainous Districts Management Act, while Article 57 of the Mountainous Districts Management Act was applied to the case where the Defendant was subject to a disposition of public prosecutor’s right to institute a penalty on January 26, 201, and the Defendant was subject to a disposition of unlawful diversion of a 30m20m2 of a mountainous district without permission for public use.

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