The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, such as the fact that the instant case was over a long-term period, and the scale of forest damage is small.

However, the fact that the defendant seems to reach this case for the purpose of preventing flood damage, the fact that the mountainous district of illegal change in the form and quality is a mountainous district other than preserved mountainous districts, the defendant reflects the fact that the defendant is a disabled person of class 6, and the defendant is an old person of 67 years of age, etc. are favorable to the defendant.

In addition, considering the overall review of all factors of sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, environment, and motive or circumstance of the crime, the sentence sentenced by the court below is deemed unfair.

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

[Discied Reasons for the judgment] The criminal defendant is a person who resides in the Heung-gu Seoul Metropolitan Government B.

A person who intends to divert a mountainous district for any other purpose shall obtain permission for conversion of a mountainous district from the competent authority by determining the area and purpose thereof.

In addition, a person who intends to cut standing timber in a forest shall obtain permission for cutting standing timber from the competent authorities.

Nevertheless, from March 2013 to October 2015, the Defendant constructed a temporary building without obtaining permission to prevent the fact that the stone in the above C fell away from the Defendant’s house and the Dong-ro, and damaged the forest land to approximately 492.73 square meters.

In addition, for the purpose of installing drainage pipes to prevent earth and sand loss in the above C from mid- December 2, 2018 to December 18, 2018, the Forest Management Department for the inquiry into the fact-finding of the forest, which is a mountainous district, other than preserved mountainous districts, without permission.