A. Error of facts (1) The area exclusively used by the Defendant is not 3,217 square meters but 572 square meters.

In addition, the area other than 572m2 is the area where the defendant has accepted a report on temporary use of forest products and green farming complexes from Hadong-gun for the creation of forest products and green farming complexes.

(2) The Defendant collected earth and rocks in C forest land, other than D forest land, and the area thereof also falls under 572 square meters, which is not 2,590 square meters.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant removed and flatd part of C, D, E, F, and G forest land from one c, which was part of C, and collected earth and rocks from part of C, which was conducted on a field investigation using GPS equipment, and the public official in charge found that the Defendant’s damaged area is 3,217 square meters through a field investigation by using GPS equipment, and that the collected earth and rocks was 2,590 square meters, and otherwise, the Defendant did not submit evidence to reverse it [Provided, That according to the actual situation investigation report, illegal forest damage location map, and illegally damaged land GPS survey data, the Defendant can recognize the fact that it collected earth and rocks from C, and the size of felling timber constitutes 250 square meters of standing timber (Evidence No. 28 of the evidence record), but the Defendant’s acceptance of the report and acceptance of the report and acceptance of the report to the effect that it constituted “a forest product extraction and temporary use of forest land.”