The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Erroring the facts as to violation of the Creation and Management of Forest Resources Act and misapprehension of the legal principles on the surrounding areas of the forest located in the member-gu Seoul (hereinafter “the forest of this case”) in Ansan-si, Ansan-si (hereinafter “the forest of this case”), the Defendant cut down 2 ambling and ambling the ambling in the course of cleaning and rearrangement, such as grass-beer, etc., and the area of the cut trees does not exceed 10 cubic meters. Thus, there is no need to permit the Defendant to cut ambling 2 ambling as above.

나. 산지 관리법위반의 점에 관한 사실 오인 및 법리 오해 피고인은 이 사건 임야와 도로 사이의 움푹 파인 부분으로 인해 사고가 발생하지 않도록 하기 위해 위 부분을 성토한 것일 뿐, 진입로를 개설할 목적은 없었고, 단지 위 부분을 성토하는 과정에서 자연스럽게 진입로 형상을 가진 부분이 일시적으로 형성된 것이므로, 피고인이 위 부분을 성토한 행위는 산지의 형질 변경에 해당하지 않아 별도의 허가가 필요 없다.

2. Determination

A. The part of the lower court’s assertion of misapprehension of the legal doctrine on the violation of the Creation and Management of Forest Resources Act and the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the lower court, namely, the Defendant stated to the effect that the act of cutting down the timber of Kakao tree 2, who did not cut down at the expense of cutting down and cutting down the timber at the expense of viewing Ansan, constitutes “felling for swimming, cutting down the timber, cutting down the trees, or growing the trees to grow down” under Article 36(5) of the Creation and Management of Forest Resources Act and Article 43 subparag. 1 of the Enforcement Decree of the same Act, or Article 47 subparag. 3 of the Enforcement Rule of the same Act “disaster prevention and recovery, farming and repair, and farming, forestry, livestock, and fishery business.”