The defendant shall be innocent.

1. A person who intends to conduct an act that may affect the preservation of State-designated cultural heritage, such as changing the form and quality of land or forest within a historic and cultural environment preservation area shall obtain permission from the competent authority;

Nevertheless, on September 19, 2017, the Defendant changed the form and quality of the land by cutting and raising the ground in 150 shares of trees in Yasan City, which is the preservation area of the B historical and cultural environment around September 19, 2017.

2. Article 35(1) of the former Cultural Heritage Protection Act (amended by Act No. 14795, Apr. 18, 2017; hereinafter referred to as the “Act”) provides that “an act prescribed by Presidential Decree as an act of making (including an act of making a specimen or stuffing a natural monument) the current state of a State-designated cultural heritage (including its protective facilities, protection zone, and dead natural monument)” and “an act prescribed by Presidential Decree as an act that may affect the preservation of a State-designated cultural heritage (excluding cultural heritage classified as movable property)” and “an act prescribed by Presidential Decree as an act that is likely to affect the preservation of a State-designated cultural heritage (excluding cultural heritage classified as movable property)”

Article 21-2(1) of the Enforcement Decree of the Act (amended by Presidential Decree No. 28471, Dec. 12, 2017; hereinafter “Enforcement Decree”) provides for “the act of planting or removing trees conducted within the State-designated cultural heritage, protective facilities or protection zone of State-designated cultural heritage” (Article 35(1)1 of the Act, “act of altering the form and quality of land or forest that may affect the preservation of the State-designated cultural heritage concerned, such as reclaiming, reclaiming, excavating, excavating, cutting, and banking of land and waters,” and “an act of changing the form and quality of land or forest that may affect the preservation of the State-designated cultural heritage concerned in the historical and cultural environment preservation zone” (Article 35(1)2 of the Act.

In full view of the purport of the above provision, it is within the protection zone of State-designated cultural heritage.