The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Any person who intends to temporarily use a mountainous district for the purpose of piling up goods, etc. shall report it to a competent administrative agency;

Nevertheless, on November 30, 2018, the Defendant temporarily used a mountainous district by piling up things, such as furniture, stuff, etc., without reporting to the competent authority in the voice group B (a partially preserved mountainous district, and a partially preserved mountainous district).

2. A person who intends to divert a mountainous district without permission shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous districts prescribed by Presidential Decree, specifying the purposes thereof;

Nevertheless, on April 10, 2019, the Defendant changed the form and quality of the above forest by raising a square paper of 96 meters out of the above forest without obtaining permission from the competent authority in the voice-gun B (a partially preserved mountainous district, and a partially preserved mountainous district) around the same day. Around that time, the Defendant installed a container on the container and diverted the forest.

[Defendant and defense counsel (hereinafter "the forest of this case") had been used as dry field since before now, only a container installed by people who had previously occupied by the defendant was transferred, and 96m of square meters among the voice group B in Chungcheongbuk-gu.

At the time, the Defendant tried to fill up 1m in diameter and 1m in depth, and the Defendant did not separately install a consortium, etc. or fill up mountainous districts.

2. The grounds for appeal are justified.

Whether a mountainous district is a mountainous district under the Management of Mountainous Districts Act shall be determined according to the actual status of the land concerned, regardless of the items in the public register, and the phenomenon as a mountainous district has been lost.

Even if the lost state is temporary and it is possible to restore the land to its original state, it constitutes a mountainous district (see, e.g., Supreme Court Decisions 88Do668, Dec. 13, 198; 2007Do1018, Jul. 10, 2008). As asserted by the Defendant, someone else used the forest of this case as a dry field around 2018.

Even if it is possible to restore it temporarily.