However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. in accordance with the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree, and a person who intends to fell standing timber or extract or gather forest products in a forest shall obtain permission from the head of the relevant Si/Gun/Gu or the head of the relevant local forest agency, as prescribed by Ordinance of the Ministry

Nevertheless, on December 2, 2013, the Defendant cut down trees of 11,223 square meters in mountainous districts located in three lots, such as B, C, and D (B, 5,103 square meters in C, 1,083 square meters in scale, and 1,083 square meters in D) from the grassland around early 2013; cut down trees of 11,223 square meters in number without obtaining permission for cutting; cut down land using a digging machine without obtaining permission for conversion of mountainous districts, and converted land into a manner of planting 80 square meters in the same mountainous district from April 2, 2016 to April 5, 2016. < Amended by Act No. 14207, Apr. 2, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A certified copy of each land registry;

1. A survey report on actual conditions;

1. The application of the location map and airline statute;

1. Relevant legal provisions and the selection of punishment concerning the facts constituting the crime: Article 53 subparagraph 1 of the Mountainous Districts Management Act, the main sentence of Article 14 (1) of the Mountainous Districts Management Act (the use of an unauthorized mountainous district and the concurrent imposition of imprisonment and fines), and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act (the occupation of unauthorized felling of standing timber and the selection of imprisonment with labor);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: The circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: the Defendant made a confession and reflect on all the crimes; and the portion owned by the Defendant (5,037 square meters among B) out of the mountainous districts converted without permission was completely restored to the original state.

A defendant has no past record of punishment for the same kind of crime.

Unfavorable circumstances: The area for exclusive use of the illegal mountainous district of this case is 11,223 square meters.