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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Unlike the land category in the public register, since D forest land is a paper for a clan cemetery, the place where a tomb is installed is not a mountainous district prescribed in the Management of Mountainous Districts Act but a clan cemetery under the current Funeral Act. At the time of the installation of a tombstone, the graves were scattered between 10 meters, and there was no tree disaster among them, and there was no tree disaster among them, and the judgment of the court below convicting the defendant partially guilty, even though the tree was not a place where a tree could grow collectively.
B. In addition, since it is apparent that all graves installed in and around a cemetery with the permission for installation of tombstones from the Japanese colonial era were installed prior to the enforcement of the Ordinance of the Prime Minister, the installation of tombstones is deemed legitimate in accordance with Article 123 of the Ordinance of the Ministry of the Republic of Korea and the Addenda of Article 799 of the Funeral Services Act. Since the area where tombstones are installed is deemed to be the area where the permission for conversion of mountainous district is deemed to have been granted under Article 14(5) of the Management of Mountainous Districts Act, since the area where tombstones are installed is deemed to have been acquitted, the court below erred by misapprehending the legal principles.
C. Even if the Defendant was engaged in flating operations with earth due to boomers, etc., it is unreasonable to view it as an act of conversion of mountainous district, even though it did not change the form and quality of mountainous district by planting turds and return later.
In order to obtain the designation of local cultural heritage regarding the mountain, the Defendant established a tombstone in order to obtain the designation of a local cultural heritage for the mountain, the tombstone, and planted the big tree, and even if he damaged a number of trees around the cemetery in the process, it constitutes an act that does not violate the social rules, as a whole.
2. Determination
A. The forest of this case is within the clan cemetery.