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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding the facts) is the land category and status of the instant land, and it is clear that the act of putting the soil of the instant thude over around the surrounding land itself constitutes the alteration of the form and quality of the mountainous district. However, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, thereby rendering a not guilty verdict on the instant
2. Determination
A. The summary of the facts charged is the clan member of the C clan.
A person who intends to divert a mountainous district shall obtain permission from the competent authority to determine the purpose thereof.
Nevertheless, on March 21, 2015, the Defendant: (a) buried a grave in the area of 16,264 square meters of D forest in the area of 16,264 square meters in the area of North Korea, North Korea, North Korea; (b) buried a grave in the area by using a tombstone and a seal, without obtaining permission, and buried a grave in the area; (c) excavated the area; and (d) damaged the area of 82 square meters in the area of the said forest and converted the use of a mountainous district.
B. Based on the evidence duly admitted and examined in the lower court, the lower court acknowledged the fact that the Defendant filed a report on the reburial of a grave in order to change the body of the grave and then buried the grave using scoos, and found that the Defendant did not damage the area surrounding the grave (the testimony of the witness E of the lower court who examined the instant case) and determined that the part was entirely damaged on the ground that the coloring part of the land surrounding the relevant grave was 82 square meters in square meters in size, and that the part was scattered over the surrounding land, and the part was not damaged. However, according to the Funeral Act, if the construction of a family cemetery, etc. was permitted as permitted, it is deemed that the mountainous district under the Mountainous Districts Management Act was permitted (Article 8 and Article 14 of the Act on Funeral Services). However, the establishment of a private cemetery is limited to the reported matters (Article 8 of the Act on Funeral Services).