A. In light of the fact-finding and the misapprehension of the National Land Planning and Utilization Act (hereinafter “the instant forest”)’s view that there is no legal problem regarding the opening of access roads from other forestry successors, and accordingly, access roads are established in Daegu Dong-gu B forest owned by the Defendant (hereinafter “the instant forest”). Accordingly, this constitutes an error in the law under Article 16 of the Criminal Act, and there is justifiable reason for

Therefore, the defendant cannot be punished for changing the form and quality of land.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding of facts. However, in his/her own special circumstances, it shall not be punishable if there are justifiable grounds for misunderstanding of facts, recognizing that his/her act does not constitute a crime under the Acts and subordinate statutes. Whether there exists justifiable grounds or not should be determined depending on whether the act was not aware of illegality of his/her act as a result of failing to perform his/her duty even though there was a possibility that he/she could have known illegality of his/her act if he/she had done so with his/her intellectual ability but failed to do so. The degree of efforts necessary for recognizing illegality should be determined differently depending on the situation of the act and the ability of the actor to recognize the identity of the actor, and the social group to which the actor belongs.

(see, e.g., Supreme Court Decision 2005Do3717, Mar. 24, 2006).