The defendant shall be innocent.

1. No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting down bamboo and trees, dividing land, piling up articles, etc. shall be allowed within a development-restricted zone of this case;

Nevertheless, on March 7, 2014, the Defendant cut down bamboo trees equivalent to 103.5 square meters of cut volume using a saw in Gwangju City, which is a development restriction zone, from the competent authority, around March 7, 2014.

2. Determination

A. According to the proviso of Article 12(1)5 of the Act on Special Measures for Designation and Management of Development Restriction Zones and Article 15 of the Enforcement Decree of the same Act, felling of bamboo and trees that can be permitted to obtain permission is stipulated as “500 square meters of felling area or five cubic meters of felling area.”

B. The facts of cutting down bamboo and trees in Gwangju City are also confessioned by the Defendant. However, the evidence submitted by the Prosecutor alone is insufficient to recognize that the size of the above lumbering is not less than 5 cubic meters in size, and there is no other evidence to prove otherwise.

3. In conclusion, this part of the facts charged constitutes a case where there is no proof of crime and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act