However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

1. On May 2016, the Defendant converted the use of mountainous districts, such as filling-up and clearing-up of aggregate without obtaining permission from Macheon-si B, which is a quasi-preserved mountainous district.

2. From May 2018 to the end of the same month, the Defendant diverted the use of mountainous districts, such as the installation of concrete miscellaneous facilities and container/water resistant facilities, without obtaining permission at the place specified in paragraph (1) above.

Accordingly, the Defendant converted the use of a mountainous district of 1,876 square meters in total without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and aerial photography;

1. Application of Acts and subordinate statutes to confirmation of land use plan and forest register;

1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts Act concerning the facts constituting an offense and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended sentencing criteria: Non-establishment of the sentencing criteria.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

A disadvantageous condition: A normal condition in which the size of the converted mountainous district by the defendant without permission is considerably favorable: The confession of the crime of this case and the restoration of the converted mountainous district to its original state;