The defendant shall be innocent.

A. The filled-up part of the instant land, which is a misunderstanding of fact, is the virtue that existed in its original form and is not the land.

A lessee H filled up soil to install a vinyl around December 2015, and planting trees is also H.

On April 2016, H was seriously killed in the virtue where pine trees were laid down while removing plastic greenhouse around around 2016, and was not newly filled.

B. The sentence of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is a person who manages land E (land category is forest land) in Gyeyang-gu when growing the name of Choyang-gu.

On April 12, 2016, the Defendant: (a) laid earth on the two-meter road along which the above land was passed by poke, and (b) laid down 50 meters (hereinafter referred to as “cm’s error”) in height by planting about 1.5m to 6m of pine trees at a height of 50m (hereinafter referred to as “cm”), thereby hindering the traffic of the Defendant.

B. The lower court found the Defendant guilty of the instant charges on the grounds stated in its reasoning.

(c)

According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged.

① Around December 2015, H, who leased the instant land from the Defendant, installed a vinyl house on the instant land in order to prevent water from entering the vinyl.

② H was punished by a fine due to the foregoing act by being prosecuted for interference with general traffic.

③ Around April 12, 2016, H received an order for restoration from an administrative office to the original state, including removal of the said vinyl house, and the Defendant removed the vinyl house by delegation from H.

④ While removing a vinyl, the Defendant did not remove the virtue installed by H, and moved a few trees around it.

The above facts of recognition can be comprehensively known.