The defendant shall be innocent.

1. A person who intends to convert a mountainous district to a charge shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous district types, size, etc. prescribed by Presidential Decree;

Nevertheless, from March 201 to May 201, 201, the Defendant damaged the area of 3,064 square meters of forests and fields without obtaining permission from the competent authority, and created a literature cemetery.

2. The Defendant and his defense counsel asserted that they did not participate in the instant crime because they were not the representative of a clan at the time of creating a memorial cemetery.

3. In light of the following circumstances acknowledged by the record of judgment, it is difficult to deem that the Defendant committed the instant crime only by the evidence submitted by the prosecutor.

① The literature cemetery, written in the facts charged, was created in C (hereinafter “instant clan”), and the Defendant was the representative of the instant clan from around 2017, and the president of the instant clan, where the clan would have been created, was D.

② The Defendant stated to the effect that “F, who is a public official in charge of the creative viewing E and public official in charge of the instant case, was a person who was investigated by the instant clan G, stating that he was the Defendant, and the Defendant was indicted of the Defendant on the purport that “I would like to be responsible for the Defendant at that time because I would have good body of the president at that time.”

However, there is no evidence to prove that there had been a meeting at the time, and even if such a meeting was held and a resolution was adopted as responsible for the defendant, the subject of criminal liability cannot be determined as such.

③ Although the Defendant stated “I” as “the Chairman of the Joint Measures Headquarters on June 3, 2010, the Defendant raised an objection to the notice of the plan, such as land compensation.”