The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In light of the legal principles, although the Defendant was unaware of the legal provision that permission for mountainous district conversion should be obtained in relation to the act of stockpiling stone, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion

The sentence of the lower court’s unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

Article 16 of the Criminal Code asserting the misapprehension of the legal principle does not mean a simple case of a site of law, and the general purpose of a crime is not to punish if there is a justifiable reason in recognizing that an act constitutes a crime but, in its special circumstances, it does not constitute a crime as permitted by the law.

(See Supreme Court Decisions 91Do1566 Decided October 11, 1991, 201; 2010Do15260 Decided October 13, 201, etc.). In light of the aforementioned legal principles, the circumstance that the Defendant was unaware of his/her act as an object of permission for the diversion of a mountainous district under the Mountainous Districts Management Act is merely a site of law, and the circumstance that the Defendant was unaware of his/her act is merely a mere fact, and in particular, it cannot be deemed an act due to a mistake of law, since the Defendant’s aforementioned “the site of law” does not affect the establishment of the crime of violation of the Mountainous Districts Management Act.

Therefore, this part of the defendant's argument is without merit.

The Defendant claiming unfair sentencing is recognized as having circumstances that may consider the motive and circumstances of the instant crime, such as piling up the instant stone in good faith to prevent soil erosion. Meanwhile, the area of piling up the instant stone without obtaining permission for conversion of mountainous district is relatively wide, and the mountainous district is reasonably preserved and used to develop forestry.