The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. The Defendant, with the consent of the public officials of the Seongbuk-gu Office and the National Forest Management Office, filled up forest land as stated in the facts charged and installed a stable.

In addition, in order to prevent the collapse of I due to earth and sand outflow, the defendant requested cement packaging to Seongbuk-gu Office and state-owned forest management office several times, but the Seongbuk-gu Office and state-owned forest management office made implied consent to cement packaging at the defendant's expense.

Therefore, the defendant diverted the form and quality change or preservation mountainous district without permission without permission.

shall not be deemed to exist.

B. The act as described in the facts charged by the Defendant’s misapprehension of the legal doctrine constitutes a justifiable act aimed at preventing additional collapse and protecting the lives and property of nearby residents, which does not violate the social rules, in a situation where I was lost due to the cross-border rain that occurred around April 2018 and may inflict damage on nearby residents.

(c)

The punishment sentenced by the court below which is unfair in sentencing (the penalty amount of KRW 3,000,00) is too unreasonable.

2. Determination

A. As to the same act as stated in the facts charged, the Defendant obtained the consent or implied consent from the Seongbuk-gu Office and the public officials of the state forest management office.

In full view of the evidence duly adopted and examined by the court below and the court below, the head of Seongbuk-gu and the head of the forest administration office around November 2018 stated in the facts charged as follows: Provided, That the head of the forest administration office and the head of the forest shall obtain permission from the head of the forest administration office pursuant to Article 14(1) of the Mountainous Districts Conservation Act and Article 15(1)1(c) of the Enforcement Decree of the same Act with respect to the forest of this case, which is a state forest under the jurisdiction of the head of the forest administration office.

A cement package or a stable shall be installed after banking the amount of 153 square meters in a preserved mountainous district within the development restriction zone without permission as stated in the facts charged.