The judgment of the court below is reversed.

The Defendants are not guilty.

1. The defendants' removal of trees and knife knife knife knife knife knife knife's act does not constitute a change in the form and quality of land under Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (in fact knife), and the punishment sentenced by the court below against the defendants is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendants are tenants of the area of 8,606 square meters in the Nam-gu Incheon Metropolitan City (hereinafter “instant land”).

No change in the form and quality of land shall be made within a development restriction zone.

Nevertheless, from June 15, 2012 to February 22, 2012, the Defendants removed trees from the above land, which is a development restriction zone, using sckes and dump trucks, etc., and changed the shape and quality of miscellaneous stone after flating.

B. 1) In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value that leads to the judge to have a conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it as the defendant's interest (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). 2) The change in the form and quality of land under Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (see, e.g., Supreme Court Decision 51(1)3 of the Enforcement Decree of the National Land Planning and Utilization Act), which means that the act of changing the form and quality of land or reclaiming public waters due to the change in the form and quality of land into an outer shape (see, e.g., Supreme Court Decision 2004Do84637.