The defendant shall be innocent.

1. The Defendant is an owner of a forest land of 6247 square meters in Busan-gun, Busan-gun, which is a development restriction zone.

No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles or implement an urban/Gun planning project without obtaining permission or in violation of any terms and conditions of permission.

On April 7, 2016, the Defendant obtained permission to install structures to prevent disasters (to store natural rocks of a height of 2.0 meters and a size of 70 meters in length) on the 70 square meters of the above forest among the above forest land from the water of a captain-gun around April 7, 2016, but around May 2016, the Defendant laid up a accelerator block of a height of approximately 2.5 meters and approximately 140 meters in length, and cut off and filled up without permission.

Accordingly, the Defendant installed structures in violation of the contents of permission in the development restriction zone, and changed the form and quality of land without obtaining permission.

2. Determination

A. The main point of the Defendant’s dispute is that: (a) the Defendant laid down a cell block of approximately 140 meters in length differently from the content of the permission; (b) the Defendant installed a structure to prevent disaster; (c) it does not constitute a violation of the substance of the permission, and thus, is not punishable. (b) The Defendant cut down and embling the 2,700 square meters of forest land, which is part of the forest that was a dry field, not a dry field, but a part of the forest that was a dry field, which was a dry field, for a dry field farmer, but this was cut off and embling the 270 square meters of forest, which is a part of the forest that was a dry field, and thus, it is not subject to criminal punishment.

(1) In a zone subject to development restriction, construction of buildings, alteration of the purpose of use, installation of structures, alteration of the form and quality of land, deforestation of bamboo and trees, partition of land, piling-up of things, or Article 2 (11) of the National Land Planning and Utilization Act.