The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. A person who intends to convert a mountainous district to a summary of the facts charged may obtain permission from the head of the forest office, etc. according to the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree and obtain the permission of the head of the forest office, etc., but the Defendant illegally converted a mountainous district into a mountainous district by having an engineer of Poke c and F (hereinafter collectively referred to as the “instant land”) construct a cemetery on March 2016 without obtaining permission from the head of the forest office for the number of voice-guns delegated by the head of the forest.

2. The lower court determined that the instant land still constitutes a mountainous district under the Mountainous Districts Management Act on the ground that, while recognizing that the Defendant had been using a portion of the instant land as farmland cultivating crops, such as shouldering and drilling, it appears that it would be difficult to restore the land to its original state, and that there was no substantial change in its broad form and form, and the remainder of the portion used as farmland, except for the portion used as farmland, still standing timber is growing, and thus, the lower court convicted the Defendant as to the instant facts charged.

3. Reasons for appeal and determination thereof

A. The summary of the grounds for appeal is that the Defendant received the right to cultivate the instant land from a person who was in the name of the deceased in around 1975. At that time, the Defendant had already been used as farmland while the instant land was not planted at all, and thus, the Defendant should be acquitted of the facts charged in the instant case premised on the fact that the instant land falls under a mountainous district under the mountainous district under the Mountainous Districts Management Act.

B. Determination of the party deliberation 1) Whether a mountainous district under the Mountainous Districts Management Act is a mountainous district under the relevant legal principles must be determined according to the actual status of the pertinent land regardless of the items in the public register, and the mountainous district has lost its phenomenon.

Even if the lost situation is temporary and it is possible to restore it to the original state, the land is a mountainous district (Supreme Court Decision 2008. 208. 208.).