The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable because it is too unreasonable for the court below to have imposed the defendant (the penalty amounting to KRW 15 million).

2. The area of a mountainous district exclusively used by the defendant and the number of standing timber cut;

The portion of the cemetery installed by the defendant was not restored to its original state.

On the other hand, the defendant recognized the crime of this case, the defendant was the first offender who had no record of criminal punishment before the crime of this case, and the defendant was caused to the crime of this case in the course of arranging a clan cemetery as the representative of the clan, and there are circumstances to be considered in the process of the crime, and the defendant restored the part of 3,047 square meters damaged by Gyeonggicheon-gun C, D, and G to its original state, and all other sentencing conditions as shown in the records and arguments, such as the defendant's age, sexual behavior, and circumstances before and after the crime, are considered unfair because the sentence of the court below is too excessive.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 53 Subparag. 1, Article 14(1) (unauthorized mountainous districts) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); Articles 74(1)3, and 36(1) (unauthorized felling of standing timber) of the Creation and Management of Forest Resources Act concerning criminal facts; Articles 99 Subparag. 1, 74(2), and 35(1)1 of the Cultural Heritage Protection Act (unauthorized change of the shape of cultural heritage); Articles 39(1)1, and 14(3) (unauthorized installation of cemeteries) of the Act on Funeral Services, Etc.; Articles 39(1)2, and 17, and 17 of the Act on the Creation, Management, etc. of Forest Resources;