The defendant shall be innocent.

A person who intends to cut standing timber, extract and gather forest products within the forest subject to the facts charged by the head of the competent Si/Gun/Gu or the head of the competent regional forest office, but the defendant cut 150 parts, such as pine trees planted in the forest and fields, by using mechanical saws, around May 19, 2014, without permission of the competent authorities.

Judgment

According to the real estate lease contract (Evidence No. 1) submitted by a defense counsel, it can be acknowledged that the defendant, before the act of cutting down the same as the above facts charged, agreed on May 17, 2014, agreed that "the defendant leased the land of Chungcheongnam-gun budget-gun to E on May 17, 2014," and according to the Eul's statement, upon the request of the person who performed the development work in the vicinity of the above land, he entered into the above lease contract in his own name with the introduction of the next distribution, upon the request of the person who performed the development work in the vicinity of the above land, and the person who requested E to do so at the time of the above request, stating that "the person who made a request to cut trees will be good if he makes a dry field." In light of this, it cannot be ruled out that the above development business operator, other than the defendant, was engaged in cutting the same as the above facts charged.

Therefore, it is not sufficient to recognize the fact that the Defendant directly cut down pine trees, etc. as stated in the above facts charged only with F’s statement and actual survey report, and there is no other evidence to acknowledge the facts charged.

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the