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(영문) 의정부지방법원 2020.12.10 2019노1489
국토의계획및이용에관한법률위반등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

【Reasons for Appeal】

1. Summary of grounds for appeal;

A. The cutting of a ground in a mistake of facts or a violation of Acts and subordinate statutes naturally occurs due to a flood that occurred in the horse, and the laying of a water channel out in order to prevent the Defendant from entering the Defendant’s place of business from entering the water length. Thus, such act constitutes legitimate act, emergency evacuation and self-help, but the court below erred by misapprehending the facts affecting the conclusion of the judgment, and found the Defendant guilty.

The defendant's statement of reasons for appeal submitted on June 18, 2019 was based on the statement of reasons for appeal.

B. The lower court’s sentence of an unreasonable sentencing (three million won by fine) against the Defendant is too unreasonable.

2. Determination

A. Fact 1) On June 11, 2018, the filing of an accusation in the Yangcheon-si Market (hereinafter “the filing of an accusation”) submitted a written statement to the Gyeonggi-do Police Station with a charge against the Defendant on June 11, 2018, and each written statement prepared by D (Local Facility Officer in the E Department), F (G and Local Greenbelt in the E Department), and H (Local Greenbelt in the E Department), which is a public official, at the time of the submission of the following documents (No. 2:15) was accompanied by each document (No. 2:15 of the evidence record), stating that “the Defendant damage the forest as illegal filled-up,” or “the 813m2 of the Sincheon-si C (hereinafter “the E Department Greenbelt in the instant forest”) among the forest “the instant forest” (hereinafter “the instant forest”).

The defendant's act seems to refer to the same act of "the alteration of the form and quality of land by cutting and banking the ground" as stated in the facts constituting the crime.

(hereinafter “instant act”). On the other hand, “location map and on-site photograph” in the instant forest, part of which form and quality was changed due to the instant act, among the instant forest land, “on-site photograph1” (hereinafter “part 1”).

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