A defendant shall be punished by imprisonment for one year.

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

2. The judgment of the court below is against both the defendant and the defendant committed a crime, and most of the damage to the defendant was found to have been recovered at the court below, and it is necessary to consider equity with the case where the judgment was rendered at the same time as the case where the judgment became final and conclusive (the original court determined that the defendant committed the crime of this case during the period of probation, but the crime of this case was committed before the suspended sentence becomes final and conclusive, and the crime of this case is committed before the suspended sentence becomes final and conclusive, and the crime of this case is committed in the concurrent relation between the above separate case and the latter part of Article 37

The damage amount to the victim is equivalent to KRW 200 million, and the fact that the area of the converted mountainous district without permission is considerably broad is disadvantageous to the defendant.

In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 53 Subparag. 1 of the Management of Mountainous Districts Act; Article 14(1) of the Management of Mountainous Districts Act; and the selection of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;