A. (1) Fact-finding (1) The Defendant merely removed the land from the Gangwon Yangyang-gun C, D, or E on the land, but did not cut the said land.

(2) Although the Defendant, without permission from the competent authority, cut down the H standing timber owned by G without permission, the Defendant’s act constitutes an emergency evacuation, and thus, the illegality is dismissed.

Nevertheless, the judgment of the court below which found the defendant guilty as to this part of the charges is erroneous.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 6 million, the additional collection of KRW 175,000) is too unreasonable.

2. Determination

A. In full view of the determination of the assertion of mistake of facts (1) as to the part concerning the violation of the Small River Maintenance Act, the construction disaster prevention by the Yangyang-gun Office, the legal statement at the original trial by public officials belonging thereto, field photographs (Evidence Records No. 7, 8, 9) etc., the defendant cut each of the above land which is a small river area and planted a sacrificing after cutting it by using a black box, and thus, this part of the defendant's assertion

(2) Although the lower court also argued to the same effect as in the judgment on the part of violation of the Creation and Management of Forest Resources Act, the lower court, despite the fact that emergency evacuation under Article 22(1) of the Criminal Act refers to the act of considerable reason to avoid the present danger to one’s own or another’s legal interests, and even according to the Defendant’s assertion, compared to the danger that is not at present, but at the present. There is no evidence to deem such danger as soon as possible, and there is no evidence to deem that there was a danger that is likely to occur immediately prior to the above crime, even by the evidence submitted by the Defendant, it is difficult to view that there was a frighten standing timber in the vicinity of the Defendant’s house, and according to the witness’s statement, it is difficult to view