beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is deemed to have been deemed to have reported on temporary use of the forest by reporting on the forest management plan after obtaining approval of the forest management plan, and accordingly, the Defendant established a work route. The lower court erred by misapprehending that the Defendant established a work route and established a drainage channel with a width of one meter and the connection with the existing forest roads beyond the reported content, and erred by misapprehending the remaining land inevitably accumulated due to the difference between the existing forest road and the work site.
2. Ex officio determination
A. In the first instance trial by ex officio, the Prosecutor changed the facts charged as follows, and applied for the amendment of indictment with respect to the addition of “Article 55 subparag. 2 and the former part of Article 15-2(2) of the former Mountainous Districts Management Act (amended by Act No. 11352, Feb. 22, 2012)” to “Article 55 subparag. 2 and the former part of Article 15-2(2) of the former Mountainous Districts Management Act, and the subject of the judgment was changed
However, the defendant's assertion of mistake of facts is still subject to the judgment of this court within the scope of the revised facts charged.
(b) A person who intends to temporarily use the altered charges shall report mountainous districts of state forests to the Minister of the Korea Forest Service and to the head of a Si/Gun/Gu with regard to mountainous districts of non- state forests;
Nevertheless, on February 2, 2012, the Defendant temporarily used mountainous districts equivalent to 611 square meters in width by using 2.5m-3.5m-5m (average 3m) and 215m in length from Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, and Cheongdo-gun, the entrance of which is part of the work, and laid up soil and stone on the aggregate of 1,144m square meters.
3. Regarding the defendant's assertion of mistake of facts.