The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misunderstanding of the fact, an act of reinforcement of the embankment with respect to the forest land of 3 lots, other than Gyeong-gun, Seongbuk-gun, the Defendant-do (hereinafter “the instant forest”) owned by the Defendant cannot be deemed as an act for the use of the mountainous district for any purpose other than that prescribed by

even if the defendant's act can be regarded as exclusive use of mountainous district

Even if the Defendant committed the instant act solely to prevent flood damage in the village located below the reservoir due to the collapse of the reservoir bank in the instant forest, it constitutes a justifiable act, as it is concerned.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) As to the assertion of misunderstanding of facts and misapprehension of legal principles, the lower court found the Defendant guilty on the ground that the Defendant’s determination at the lower court did not constitute a “afforestation” which does not fall under the diversion of mountainous district in light of the circumstances of the case, how the Defendant committed the act, and the result of the crime, etc. in light of the same assertion as the grounds for appeal in this part, and sentenced the Defendant to a conviction.

B) Based on the evidence duly adopted and examined by the lower court, the Defendant performed reinforcement work by loading earth and sand and stone in the vicinity of the instant forest without permission to prevent the collapse of the reservoir. It is deemed that the shape and quality of the instant forest, which is a mountain site, was changed arbitrarily to a mountainous district as defined in Article 2 subparag. 2 of the Mountainous Districts Management Act.

Therefore, as afforestation was conducted for the collapse of reservoir banks, it is not the diversion of mountainous districts.