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(영문) 청주지방법원 제천지원 2015.10.22 2015고정45
산지관리법위반
Text

The defendant shall be innocent.

Reasons

1. Although a person who intends to convert a mountainous district is subject to permission from the Minister of the Korea Forest Service or the head of a Si/Gun/Gu, the Defendant, on May 2008, instead of obtaining the said permission, instead of creating a non-packaged road with cutting equipment from 160 square meters out of the forest land outside Dacheon-si and 1, 2008 and diverted the mountainous district.

2. The defendant's assertion asserts that "the defendant received KRW 40 million from D to request its descendants to transfer the graves located in the forests and fields as stated in the facts charged (hereinafter "the forests and fields of this case"), and then asked for the relocation of the graves to the descendants of the graves, and then requested the relocation of the graves to this Chapter. The descendants of the graves were aware of them, and only requested them to change the graves to this Chapter, and the defendant did not change the graves by directly participating in the grave, and there is no way for the defendant to change the graves (hereinafter "the non- packing roads of this case"), and also there is no way to create the non- packing roads as indicated in the facts charged (including the purport that it is impossible to know whether the non- packing roads of this case was created in the process of changing the graves by ascertaining the descendants of the seedlings)."

3. Determination

A. In light of the following, the burden of proving the facts charged charged in a criminal trial and the prosecutor bears the burden of proving the facts charged, and the finding of guilt ought to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, the defendant is doubtfully guilty even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. In light of the above legal principles, according to each evidence duly adopted and examined by the court, the defendant requested the descendants of the grave located in the forest of this case to remove the grave. However, each of the evidence submitted by the prosecutor alone is deemed to have presented by the prosecutor to the descendants of the grave located in the forest of this case.

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