The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles or misunderstanding 1) The former owner of the instant land obtained permission to cut trees for the purpose of the renewal of species in L name on or around May 2014, K was obligated to cut down trees on the ground level until May 2017.

Since the act of conversion of mountainous districts as stated in the facts charged of this case was temporarily conducted to transplant lost trees, which are subject to compulsory afforestation of the land of this case, permission for conversion of mountainous districts is not required to do so.

2) Even if it is deemed necessary to convert a separate mountainous district to convert the instant mountainous district for the instant mountainous district, the Defendant attempted to transplant lost trees in accordance with the terms and conditions of the initial permission on felling standing timber, and thus did not have intention to divert the mountainous district, or did not recognize the illegality thereof.

3) Although the Defendant requested D to remove or request the roots of Acar trees from the instant land, it was merely cut and filled up mountainous districts more than necessary by D by arbitrarily using large excavation devices.

Therefore, the defendant was not instructed and could not have been predicted.

D is not subject to criminal liability for the above act.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of misunderstanding of facts or misapprehension of legal principles (A) The term “a change in the form and quality of mountain land” means a change in the form and quality of a mountainous district in fact by cutting, filling, or cutting down, etc., and making it difficult to restore the original state due to such change (see Supreme Court Decision 2010Do2008, May 24, 2012). Na) In a case where punishment is not imposed pursuant to Article 16 of the Criminal Act, the term “a change in the form and quality of a mountainous district” means a change in the form and quality of a mountainous district and a change in the form and quality of a mountainous district is not a mere site of a law, but a mistake is recognized