The prosecutor's appeal is dismissed.

Any person who intends to convert a mountainous district in violation of the Management of Mountainous Districts Act among the charges of this case shall obtain permission from the Minister of the Korea Forest Service, etc.

Nevertheless,

A. On June 2018, the Defendant maintained a building occupied without permission in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant land”) and performed excavation works and cement works on a scale of 15 square meters among the said mountainous district without obtaining permission from the competent authority to replace sewage pipes and reclaim septic tanks, and converted the use of mountainous district.

B. The Defendant was above the Defendant around September 2018.

For the same reason, excavation works were conducted without permission from the competent authorities for the same reason at the place stated in the paragraph and converted into mountainous district.

Since the land in this case is classified as “forest” on the public register, the act of the Defendant’s replacement of sewage pipes and cement construction by excavating the land in this case constitutes “dition of mountainous district” under Article 2 subparag. 1 (a) of the Management of Mountainous Districts Act.

The judgment of the court below which acquitted the violation of the Mountainous Districts Management Act among the facts charged in this case is erroneous.

The sentence (1.5 million won of a fine) imposed by the court below on the defendant is too uneasible.

Judgment

The judgment of the court below on the assertion of mistake of facts is as follows, i.e., the following circumstances recognized by the records of this case, i.e., whether a mountainous district is subject to the Mountainous Districts Management Act, should be determined according to the actual phenomenon of the relevant land regardless of the land category in the public register. The portion of cement work performed by the defendant was cement packaging before the above work was done at a place corresponding to the entrance of the building and the parts adjacent to the building surrounding the entrance could have been used for the entry of the building in cement package.