A. Violation of misunderstanding of facts and misapprehension of legal principles 1 Mountainous Districts Management Act

A. The Defendant’s moving of a swimming pool through the work set up by L of a wooden tree proprietor to dispose of standing timber wastes accumulated in a reservoir and prevent soil erosion, but did not convert the instant forest land without permission as stated in the facts charged.

B. Even if the Defendant’s diversion of the instant forest without permission, such as the entry in the facts charged, does not amount to 2,000 square meters of the area of the instant land that the Defendant altered the form and quality.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The Defendant committed a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) against the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Utilization and Information Protection Act”) without specifying the victim H and did not publish a letter for the purpose of slandering the victim. Nevertheless, the lower court erred by misapprehending the facts charged, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Judgment on misconception of facts and misapprehension of legal principles

A. 1 As to the violation of the Management of Mountainous Districts Act, the lower court’s determination is based on the following circumstances acknowledged by the evidence duly adopted and investigated, namely, L, Namwon-si E and F land (hereinafter “instant land”).

In the course of the work of cutting trees, a work log was established to take out the lumbered trees. Around July 2014, an order of restoration was issued by the Namwon City, and the restoration was made by means of cutting down soil again to the work around July 2014.