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(영문) 울산지방법원 2016.08.12 2016노760
장사등에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the violation of the Management of Mountainous Districts Act as stated in the lower judgment by misapprehending the legal principles, even if the Defendants were to file a report on temporary use of the mountainous district for the purpose of installing the forest of this case under the Mountainous Districts Management Act, it is illegal in violation of the Act on Funeral Services, Etc. (hereinafter “the law of the Republic of Korea”), and thus, it is impossible to file a report under the Mountainous Districts Management Act, and thus, it cannot be punished on the ground that the Defendants did not file a report. Therefore, the violation of the Mountainous Districts Management Act cannot be

Nevertheless, the lower court found the Defendants guilty of violating the Act on the Management of Mountainous Districts in the Mountainous Districts under the Mountainous Districts Management Act, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court against the Defendants (a fine of KRW 1,500,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances as to the assertion of misapprehension of legal principles, a person who intends to temporarily use a mountainous district for the purpose of installing a tree tree under the jurisdiction of the head of the forest, regardless of whether the installation of a tree tree violates the jurisdiction of the head of the forest, shall report the mountainous district to the head of the forest, and to the head of the Si/Gun/Gu with respect to the mountainous district of a forest which is not a national forest (Article 15-2(2)8 of the Mountainous Districts Management Act). If a person fails to report, he/she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 10 million won (Article 55 subparag. 2 of the Mountainous Districts Management Act). However, the legislative purpose of the Mountainous district management Act is to prevent health and hygiene hazards and to contribute to the efficient use and welfare of land, but the legislative purpose of the Mountainous district management Act is to promote various public interests of forests by reasonably preserving and using the mountainous district and promoting the development and public interests of forests.

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