The defendant's appeal is dismissed.

1. A person who intends to convert the substance of the facts charged in the instant case into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of the type, size, etc. of the mountainous district prescribed by Presidential Decree for the purpose of conversion. However, the Defendant did not obtain permission from the competent administrative agency for conversion of the mountainous district, and formed a dry field by cutting the ground by using digging machines, etc. on a size of 1,213 square meters in Asan-si B forest in Asan-si, Asan-si, B around 2016.

2. Summary of grounds for appeal;

A. A. On June 2016, the Defendant of mistake of facts: (a) performed a flating work of 200 square meters of the Asan City B forest land (hereinafter “the instant forest”); and (b) did not cut the pool; and (c) the foregoing flating work was performed for the purpose of facilitating afforestation and forest tending project by organizing the remains revealed due to the reburial of an unauthorized cemetery, etc.; and (d) inasmuch as it was for the purpose of facilitating the afforestation and forest tending project, it does not constitute a conversion of a mountainous district, not for the purpose of farming.

Nevertheless, the judgment of the court below that found the Defendant guilty on a different premise is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Even if there is an unreasonable sentencing order, considering the fact that the Defendant committed the instant crime under the circumstances where he did not know the legal procedures on the flatization work of mountainous districts without the same criminal power, and that the Defendant endeavored to raise trees in the forest of this case, the lower court’s punishment (one million won of fine) is too unreasonable.

3. Judgment on the assertion of mistake of facts

A. The former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016) uses mountainous districts for purposes other than afforestation, forest tending, felling and extracting standing timber, and collecting forest products, or changes the form and quality of mountainous districts for such purposes.