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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) does not constitute an act of planting turfs to a place designated as a natural environment district in a park pursuant to Article 18(1)2 of the Natural Park Act as land located in a maritime national park due to the Defendant’s mistake of facts, and does not constitute “an act of altering the form and quality of the open space or other land (including excavation of the ground and alteration of the form and quality of the seabed)” under Article 23(1)3 of the Natural Park Act.
Even if the defendant's act of planting this case constitutes a change in the form and quality, there was no perception that the defendant is an illegal change in the form and quality.
2. In full view of the following circumstances revealed by the evidence duly examined and adopted by the lower court and the lower court, the instant facts charged can be fully acknowledged.
The above assertion by the defendant is without merit.
According to Article 23, Paragraph 1, Item 3 of the Natural Park Act, in case of clearing or changing the form and quality of land, the park management agency shall obtain permission.
Here, the change of the form and quality of land means the act of changing the shape of land into the state where it is difficult to restore the original state due to cutting, banking, suspension, packing, etc.
In light of the purpose of the Natural Park Act (the legislative purpose of the Natural Park Act is to preserve the natural state that does not artificially manipulate, so the act of planting DNA food in this case cannot be deemed as an act of improving the natural environment in compliance with the legislative purpose of the Natural Park Act), and the contents of the relevant provisions (Article 18 subparagraph 3 of the Enforcement Decree of the Natural Park Act provides that the act of planting grass on the area of less than 100 square meters per hectares as the reported matter, and therefore, the act of planting grass on the area of less than 100 square meters per hectares is defined as the reported matter, regardless of the area). In light of the above, the form of the land in this case is the form of the act as above.