The defendant shall be innocent.

Punishment of the crime

The Defendant is a person who actually operates G (hereinafter “G”) and has overall control over the civil engineering works of H forests and fields located at the time of harmony.

A person who intends to convert a mountainous district into a mountainous district may obtain permission from the head of the forest office, etc., but on January 2014, the Defendant, without obtaining permission to divert the mountainous district, converted a mountainous district into a mountainous district by cutting trees such as Arabic trees, etc. from a 193m2 out of the forest located in the Y, 109m2 out of the forest located in J, 414m2 out of the forest located in K, 92m2 out of the forest located in L, and 92m2 out of the forest located in L (hereinafter “each forest of this case”; in case of individually mentioning the forest of this case, the forest of this case shall be specified only on the ground in the case of individually mentioning the forest of this case) by using scke, etc.

Judgment

A. “ Mountainous district” under Article 2 subparag. 1 of the Mountainous Districts Management Act means land where standing timber and bamboo are collectively cultivated, land where standing timber and bamboo collectively is temporarily lost, land used for the collective growth of standing timber and bamboo, mountain trails, such as forest road work, and rock land and bamboo located on each of the above land: Provided, That this shall not include farmland, grassland, housing land, roads, and other land prescribed by Presidential Decree. Whether a mountainous district subject to the Mountainous Districts Management Act is a mountainous district subject to the Mountainous Districts Management Act shall be determined according to the actual state of the relevant land, regardless of the relevant land’s public record, regardless of its use (see Supreme Court Decisions 88Do668, Dec. 13, 198; 2006Do4360, Sept. 14, 2006; 2007Do1018, Jul. 10, 2008; 2010, etc., the term “Mountainous Districts Management Act” under Article 2 of the Mountainous Districts Management Act.