The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The statement of defense counsel’s opinion submitted after the lapse of the period for submitting the grounds for appeal shall be considered only to the extent of supplement in case of supplement of the grounds for appeal;

A. The Defendant is only the owner of the Gu forest land No. B in Ansan-si, Ansan-si, and is not the owner of the Gu forest land No. C in Ansan-si, and there is no authority to dispose of the said C forest land.

In addition, the tree of one forest as mentioned above was cut as part of the "forest tending project" implemented in Ansan City, and the defendant does not cut.

Therefore, even though the Defendant did not cut down the bamboo trees of each of the above forests and fields, which are development-restricted zones without permission from the competent authorities, the lower court found the Defendant guilty of the facts charged in the instant case.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. The following circumstances revealed by each evidence duly adopted and investigated by the lower court and the appellate court as to the assertion of mistake of facts, namely, ① the owner of 58,810 square meters of forest B in Ansan-si, Ansan-si, the Defendant is the owner of the forest 58,810 square meters of forest B in Ansan-si, and the owner of the 7,272 square meters of forest c. 7,272 square meters of the above forest c. in Ansan-si, Ansan-si, the Defendant is the child, and in light of the content of the Defendant’s statement, the right to dispose of each of the above forest

Even if the defendant ordered the above C forest trees, he shall be liable for the crime. The existence of the disposition authority does not affect the nature of the crime of this case. ② On June 22, 2015, the green belt and public officials in Ansan City conducted a field investigation on each of the above forest land, which is a development restriction zone, and as a result, on June 22, 2015, he prepared a statement of forest damage investigation with the purport that approximately 2,300 square meters of trees out of the above forest land were cut and damaged, and reported at the time of Ansan, and according to the photographs attached to the report, the amount of the above forest is significant.