A. In relation to the violation of mountainous district management law with respect to each land listed in paragraph (1)-A of Article 1-1 of the judgment of the court below in misunderstanding of facts or misunderstanding of legal principles, the soil of the neighboring project site was introduced into each land in this part, and there was no fact that the defendants intentionally removed the trees of each land in this part as indicated in the facts charged and cut down forests.

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Each sentence of the lower court’s unfair sentencing (Defendant A: 1 year of suspended sentence in May of imprisonment, and fine of KRW 3 million in case of Defendant B) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the lower court’s judgment as to the assertion of misunderstanding of facts or legal principles, i.e., the land of this part adjoins the boundary of the business territory in which the Defendants lawfully adopted and investigated, i.e., the Defendants agreed on the development of H and I (No. 208 of the trial record, No. 126, 130, 131 of the evidence record), and ii) on-site photographs (Evidence No. 13, 14 of this part of the land, each of which is well known or used and exposed to the land surface of the said part, are distinct from the adjacent land in that the land surface is well known or used and the land surface of the said part is exposed. iii) Defendant A confessioned this part of the facts charged at the investigative agency and the lower court and led to a false confession by mistake, etc.

In addition to the fact that it is difficult to find out the circumstances, the Defendants may be found guilty of diversion of mountainous districts by removing trees on each land without obtaining permission from the competent authority and making the said forest land smooth.

The court below held.