However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, the Defendant diverted a mountainous district of approximately KRW 1,083 square meters to August 13, 2019, from August 23, 2019 to August 16, 2019; from August 23, 2019 to September 2, 2019, in Yongcheon-si B, a quasi-preserved mountainous district; without obtaining permission; cutting and embling work without permission; and flating work with stairs.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a location map, a forest damaged area map, and a content of computation of the damaged amount;

1. Forestry register and copies of forest land;

1. Application of statutes on field photographs;

1. Article 53 of the relevant Act and the latter part of Article 53 of the Management of Mountainous Districts Act and Articles 14 (1) of the latter part of the Mountainous Districts Act and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Act, the following shall be determined by comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after crime, etc. and the conditions of various sentencing as shown in the argument of this case:

Unfavorable circumstances: The crime of this case is damaged by the mountainous district without obtaining permission from the competent authority, and the nature of the crime is poor in light of the contents of the crime.

The crime of this case has already been committed on the same land, and even if the person was punished by a fine, he again committed the crime of this case.

The favorable circumstances are confession and reflective.

There is no previous offense exceeding a fine.