The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although there is sufficient evidence to acknowledge that the forest of this case was the mountainous district prior to the opening of access roads to the forest of this case, the court below which acquitted the defendant on the ground that there is insufficient evidence to acknowledge the facts charged, erred by mistake of facts or by misapprehending

Any person who intends to convert the summary of facts charged shall obtain permission from the Administrator of the Forestry Administration for a specified purpose as prescribed by the Presidential Decree.

The Defendant was given a free donation of land E, F, and G 3 lots of land from D as a pastor of the Clocks Association on November 201, 2010, under the pretext of the donation of the missionary mission.

The Defendant intended to use the land for the above E as a religious facility, but failed to secure an access road to the above F and G ground, and opened a access road to the above F and G ground without obtaining permission from the Minister of the Korea Forest Service, and opened a access road with a volume of 450 square meters on the above F and G ground and diverted a mountainous district around July 201 without obtaining permission from the Minister of the Korea Forest Service.

Judgment

The following circumstances acknowledged by the record, i.e., in the court below's decision, the J stated that the forest of this case was cranded and was not a way to enable the vehicle to move. However, the J only visited the mountain of this case in a place opposite to the forest of this case more than once a year, and it is difficult to see that it was well aware of the present state of the forest of this case. (ii) On the other hand, the investigative agency and the court below consistently stated that the forest of this case was originally in the original length; (iii) from around 2004, I appears to be well aware of the present state as a person operating a factory at a place adjacent to the forest of this case, and seems to have no motive to make a statement favorable to the Defendant; and (iii) while the aerial photography appeared green, even according to I's statement, the forest of this case was written in J as green.