The defendant shall be innocent.

1. The summary of the facts charged is the owner of C through D and E forest land (hereinafter “the instant forest land”), and anyone who intends to use a mountainous district for the purpose of planting landscape trees, etc. in a forest shall temporarily use the mountainous district to the competent market, etc., despite having to report the temporary use of the mountainous district. However, around March 4, 2013, the Defendant used approximately 3,515 square meters of red tree trees (hereinafter “the instant forest trees”) out of the said forest land by planting approximately 3,515 square meters of the said forest land, without reporting the temporary use of the mountainous district.

2. Determination

A. The interpretation of penal provisions must be strict, and the interpretation of the meaning of the express provision to the disadvantage of the defendant is not permitted as it is against the principle of no crime without the law. This principle of statutory interpretation also applies to the case where the contents of the administrative law are stipulated in the provisions of the administrative law that are subject to the penal provisions.

B. The former part of Article 15-2(2) of the Management of Mountainous Districts Act provides that “A person who intends to temporarily use a forest for any of the following purposes shall report the mountainous district of a state forest to the Minister of the Korea Forest Service, and to the head of a Si/Gun/Gu with respect to mountainous district of a forest which is not a state forest,” and that “a person who intends to temporarily use a forest for any of the following purposes shall report the mountainous district of a state forest to the head of a Si/Gun/Gu.” As such, the former part of Article 15-2(2) of the Mountainous Districts Management Act provides that “the cultivation of ornamental forest plants, such as wild edible products, medicinal herbs, medicinal herbs species, landscape trees, and wild flowers,” and that “the act of planting the trees of this case, if the facts charged are to be recognized, shall fall under cultivation of ornamental forest plants, such as landscape trees

(c) Domins, Mountainous Districts Management Act and subordinate laws and regulations, and other statutes.