The defendant shall be innocent.

1. The Defendant, without obtaining permission from the head of Ulsan-gun around March 201, 201, cut down 15 gall trees, which were brought up to a forest owned by D located in Ulsan-gun C (hereinafter “instant forest”) without obtaining consent from the owner of the forest.

2. The Defendant’s gist of the Defendant’s assertion argues that, as indicated in the facts charged, the pine trees of 15 gye, did not cover 15 gye, but merely cut 5-6 gye, and that, due to heavy snow at the time, many pine trees were left, and the cattle and cattle shed were adjacent to each other to prevent damage to livestock pens, they constitute an emergency evacuation.

3. Determination

A. We examine the following circumstances according to the evidence duly adopted and examined by this Court:

① In relation to the instant case, the Uljin-gun sent a reply to fact-finding that includes the following:

On March 201, the time when the defendant committed the crime, there were heavy snow damage in Ulsan-gun. At that time, there were many trees suffering from snow damage in the field of livestock pens and around the field.

The defendant is not aware of the number of pine trees cut by the defendant due to the accurate fact-finding survey at the time.

In the vicinity of the livestock shed, it was confirmed that part of the pine trees that have been cut out due to snow damage has been disposed of.

On March 2011, the Ulsan-gun recognized the felling of trees, such as the facts charged.

The public official in charge of Ulsan-gun stated that the defendant would have reached an agreement with the owner of the forest in the above case.

Since the Ulsan-gun concluded the case as the defendant and the forest owner did not make any particular reference to the tree felling case.

(2) On the other hand, the actual investigation report prepared by a special judicial police officer shall contain the following descriptions:

In the vicinity of the defendant's stable, there was a remaining penalty after cutting down trees.

The distance between punishment and stables is different.