The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Error1) The fact that the Defendant violated the Management of Mountainous Districts Act installed one pond and one container. However, this is only established on the land owned by the Defendant and the Defendant’s spouse according to the result of a survey conducted by the Defendant on July 2001 by requesting the Korea Cadastral Survey Corporation and conducted a survey at the Korea Cadastral Survey Corporation around December 2007, and it is only found that the Defendant again conducted a survey at the Korea Cadastral Survey Corporation around December 2007, where one and one container was installed at the Gangwon-do Human Resources Corporation, and the place where one and one container was installed at the Gangwon-do Human Resources Corporation. Thus, it does not constitute an illegal diversion of mountainous district without permission. Therefore, even if the Defendant ordered the restoration of mountainous district to the Defendant, this does not constitute an illegal administrative disposition, and even if the Defendant did not comply with such order, it cannot be punished as a violation of the Management of Mountainous Districts Act. 2) Although the Defendant expressed an desire to kill a victim’s d's bage at the time of violating the Punishment of Violence, etc.

B. The sentence of unfair sentencing (two years of suspended execution for one year of imprisonment, and forty hours of community service order) by the lower court is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the lower court and the trial court on the violation of the Mountainous Districts Management Act, H is deemed to be the land of this case: ① on July 6, 1991, 5,157 square meters (hereinafter “instant land”).

On March 20, 2003, the Defendant acquired ownership of 6,000 square meters, which was adjacent to the instant land, on March 1, 2001, and on February 1, 2001, the Defendant’s wifeJ acquired ownership of 1,375 square meters prior to K, but prior to L, 1,888 square meters, on November 28, 200, on ownership of 3,491 square meters prior to M on November 28, 200, and (2) the Defendant requested the branch offices of the Korea Cadastral Headquarters of the Gangwon-do Korea Cadastral Corporation to conduct a boundary restoration survey for the said M on July 11, 201, and part of the instant land was above K and M.