2. Provided, That 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 Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts

Nevertheless, the Defendant, without obtaining permission from the competent authority from May 2013 to April 2014, 201, cut and filled up a road to construct a road to connect F-owned farmland to E forest near the C Forest near the C Forest in Yeongdeungpo-gun (title D) by using one refratator for the purpose of building a road, and cut and filled up a road by using one refratator for the purpose of building a road to be entered from G forest to H forest to the house of a person in poor name (one name), and cut and filled up a road by using one refratator for the purpose of building a road to be entered from G forest to H forest to the house of a person in poor name (one name), and converted the forest into a mountainous district of 4,701 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, J, K, and L;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each investigation report (Evidence Nos. 6 and 9);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

1. As the area of a mountainous district whose reason for sentencing has been damaged due to Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing following the suspended sentence), the expected recovery cost is reasonable, and it seems that the restoration has not yet been made up

However, the Defendant appears to have received instructions from or in consultation with F to commit the instant crime, there is no record of punishment for the same kind of crime, and shows a attitude against the mistake.

In addition, in consideration of the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc., the sentence like the order was determined and the suspended execution was selected.