A. As indicated in the judgment of the court below, the Defendant: (a) the date and time when the Defendant converted a mountainous district without obtaining permission to divert a mountainous district of 12 square meters, out of 29,355 square meters of forest land B in Chungcheongnam-gun, Chungcheongnamyang-gun; (b) was not around October 2012, but around October 201.

(2) The Defendant asserted that the Defendant was to restore the soil that flows into the road and dry field due to landslides in the court of the first instance and was not intended to divert the mountainous district to the original state. However, it cannot be a legitimate ground for appeal as alleged after the lapse of the period for appeal submission.

B. The lower court’s sentence of unreasonable sentencing (200,000 won of fine) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, C, the owner of the said forest and field, filed a complaint with the Defendant as “as of November 2012,” and the Defendant stated at the time of the first police investigation as “as of October 2012,” and “as of November 2012,” at the time of the second police investigation,” it is difficult to view that the Defendant’s date and time of conversion of the mountainous district, as indicated in the reasoning of the lower judgment, was the “as of October 201, 201.”

Therefore, the court below did not err by misapprehending the facts and adversely affecting the judgment.

Defendant’s assertion is not accepted.

B. The circumstances favorable to the defendant on the argument of unfair sentencing are as follows.

The area of the exclusive use of the mountainous district by the defendant is not wide and the degree of damage to the forest is not severe.

The Defendant recognized the mistake of the owner of the mountainous district C and paid KRW 100,000 to the meaning of the crime of death.

The defendant has no record of criminal punishment for the same crime.

The defendant supports the old and his wife, and children, and is not good in economic circumstances.

The circumstances unfavorable to the defendant are as follows:

Criminal defendant's violation of the Mountainous Districts Management Act shall be a public mountainous district.