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The defendant shall be innocent.
Reasons
1. A person intending to temporarily use a mountainous district for cultivating ornamental forest plants, such as landscape trees in the facts charged, shall report thereon to the head of Si/Gun/Gu with respect to mountainous district of a forest other
Nevertheless, on February 2012, the Defendant temporarily used land by planting 700 mar trees, green trees, 700 mar trees, 300 mar trees, and 2,000 mar trees, which were landscaped trees, for the purpose of cultivating landscape trees in the forest owned by the Defendant, located in Seopo-si B (hereinafter “instant land”), and without reporting to the competent authorities, for the purpose of growing landscaped trees.
2. In order for the accused to be subject to the application of the Management of Mountainous Districts Act, the land of this case shall be a mountainous district prescribed by the Management of Mountainous Districts Act, and Article 2 subparagraph 1 of the former Mountainous Districts Management Act (Amended by Act No. 11352, Feb. 22, 2012) refers to any of the following land: Provided, That farmland, grassland, housing land, roads, and other land prescribed by Presidential Decree shall be excluded:
(b) Land where standing timber and bamboo collectively brought up are temporarily lost;
(c) Land used for collective growth of standing timber and bamboo;
(d) Forest roads, work roads, and other mountain passes;
E. Weland and marshland within the land referred to in items (a) through (c) are stipulated as "Tland and marshland". On the other hand, whether it falls under the mountainous district subject to the Mountainous Districts Management Act shall be decided according to the actual state of the land concerned, regardless of the land category in the public register (see, e.g., Supreme Court Decisions 88Do668, Dec. 13, 198; 88Do668, Jun. 11, 2009; 2009Da11556, Jun. 11, 2009; the Defendant purchased the land in this case at around 209; and the first forest form of the land in this case was the land formed as the grassland at the time of purchase; and the first forest form of the land in this case shall be returned to Seoposi near the land in this case