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(영문) 춘천지방법원 강릉지원 2018.07.26 2017노594
산지관리법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. It is not guilty, since I Co., Ltd., a company that received a supply of and received a contract for the installation of electric power distribution poles and actually carried out construction, installed the electric power distribution poles at will, unlike the original design drawings, for the convenience of the Corporation, and the Defendant was unaware of such circumstances.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and investigated by the lower court and the trial court on the assertion of fact: ① the actual execution of the construction project that installs electric power distribution poles in the forest of this case, namely, the Defendant, who entered into a contract with the Gangwon District Headquarters for the Korea Electric Power Corporation, was in charge of managing and supervising the overall construction project; ② the Defendant was involved in the preparation and approval of the drawings of the said construction project in the process; ③ the Defendant asserted that the electric power distribution owner was arbitrarily replaced in the course of the actual construction project; ③ the Defendant was in charge of the installation of the electric power distribution owner at will different from the initial drawings in the course of the construction project; but, on the third trial date of the first trial, the Defendant himself on the third trial date of the first instance trial, even if there was a change in the initial drawings at the stage of construction; and such a situation is reconvening with the Korea Electric Power Corporation in charge of the actual construction project, and such a change in drawings may be made in the process of consultation to the greatest extent possible.

It is completed only when the on-site situation and the completion drawings are consistent.

“A case where construction is completed differently from the initial design drawings according to the field circumstances,” and the purport that such changes will be carried out through consultation between the Korean Electric Power Corporation and the contractor, and ④ stock company.

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