The defendant's appeal is dismissed.

1. Although the summary of the grounds for appeal is farmland where the Defendant installed each facility, the lower court found the Defendant guilty of all of the facts charged in the instant case, and thus, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

2. Determination

A. The lower court’s judgment: (a) Examining the present state of the instant land indicated in airline margin (the investigation record No. 131 pages and the trial record) and a business trip name (the investigation record No. 109 pages), at least, the Defendant installed each of the above facilities in a mountainous district, not farmland, on the following grounds: (a) the area surrounding each of the above facilities among the above land is growing standing trees, bamboo, or bamboo collectively; and (b) the surrounding area seems not to have been used for cultivation; and (c) the mere fact that part of standing trees and bamboo near each of the above facilities is deemed to have been damaged and temporarily falls under mountainous district (Article 2 subparag. 1(b) of the Mountainous Districts Management Act).

On the ground that it is reasonable to view that all of the facts charged in this case was guilty.

B. Examining the above judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below which convicted each of the facts charged of this case is just and there is no error of misunderstanding of facts or misunderstanding of legal principles.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, according to Article 25(1) of the Rules on Criminal Procedure, “the selection of each fine” under the 3th sentence of the judgment below is deleted, and “the first ordinary concurrence on January 3,” and “Articles 40 and 50 of the Criminal Act (the crime of violating the Act on Urban Parks, Greenbelts, etc. and the violation of the Management of Mountainous Districts Act, and the punishment prescribed for the violation of the Mountainous Districts Management Act with heavy punishment),” and “the selection of each fine” under the 3th sentence.