However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Any person who intends to use a mountainous district for any purpose other than that prescribed by Article 2 of the Mountainous Districts Management Act, such as afforestation, forest care, felling and digging of standing trees, gathering of earth and rocks, etc., or to change the form and quality of the mountainous district for such purpose (hereinafter referred to as "exclusive use of mountainous districts"), shall obtain permission from the head of the relevant forest agency, etc. for a specified purpose.

Nevertheless, on July 2014, the Defendant changed the form and quality of the above mountainous district by making use of c,700 square meters of the above mountainous district using c,700 square meters of c,700 square meters of the above mountainous district using c,700 square meters of c,700 square meters of the above mountainous district for the purpose of breeding salt and salt in the forest and D, Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant committed an act of diversion of mountainous district without obtaining permission from the head of the forest office.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report criminals, Official Gazettes (Public Notice of the Korea Forest Service), and summary of forest information;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

3. Unfavorable circumstances: The crime of this case was committed in another case, even though there were two times the past records of criminal punishment for the same crime; the size of the diversion of the mountainous district is reasonable; the degree of damage is not less than that of the crime of this case; the confession of the crime of this case is contradictory to that of the crime of this case; there is no past record of criminal punishment heavier than the fine for the same crime; the restoration of the damaged mountainous district was