The defendant is innocent.

A person who intends to divert a mountainous district, the summary of the facts charged, shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by

Nevertheless, on May 28, 2016, the Defendant changed the form and quality of the mountainous district by removing eight stone embankments located in the area (a size of 1.5 square meters) and adjacent earth and sand thereto in order to secure access roads to the construction vehicles in Seodaemun-gu Seoul, Seoul around May 28, 2016 without permission from the head of a new forest office, etc.

Maz.

1. Article 53 Subparag. 1 of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) provides that “a person who has diverted a mountainous district without obtaining permission to divert a mountainous district in violation of the main sentence of Article 14(1) or who has obtained permission to divert a mountainous district by obtaining permission to divert a mountainous district by false or other unjust means” shall be punished. The main sentence of Article 14(1) of the same Act provides that a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. in accordance with the classification of types, size, etc. of the mountainous district prescribed by Presidential Decree, by determining the purpose

In addition, Article 2 Subparag. 2 of the same Act provides that “the diversion of mountainous districts” means using mountainous districts for purposes other than those falling under any of the following, among “afforestation, forest tending, the extraction of standing timber, and the extraction of forest products, such as earth and stone” (a) and “temporary use of mountainous districts” (c) or changing the form and quality of mountainous districts for such purposes.

Meanwhile, the change of the form and quality of land refers to the act of changing the form and quality of land by cutting, raising, suspending, packing, etc., and it requires that the form and quality of the land be de facto changed into the external form and that it is difficult to restore the land to its original state due to the change (see Supreme Court Decision 2006Du4875, Feb. 23, 2007, etc.). 2. According to the evidence submitted by the prosecutor, the Defendant dumpted from Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant land”).