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.

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the head of the relevant forest office according to the classification of the types, areas, etc. of the mountainous district;

Nevertheless, from July 15, 2014 to February 25, 2014, the Defendant reported the temporary use of mountainous districts that do not involve cutting and banking for the purpose of cultivating ornamental trees, and cut and embling the forest land equivalent to 4,315 square meters located in B in Innju-si.

Accordingly, the defendant diverted mountainous districts without obtaining permission from the competent authorities.

2. A person who intends to cut standing timber or extract or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.

Nevertheless, the Defendant cut down 23 glus of standing trees, such as glusium trees and dlusium trees, which are planted in the place without obtaining permission from the competent authorities, at the time and place mentioned in paragraph 1.

Accordingly, the defendant cut standing timber without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Notification of matters concerning the diversion of illegal mountainous districts;

1. A land register, a certified copy of cadastral map, and a certificate of land use plan;

1. Application of statutes on site photographs;

1. Relevant Article 53 subparag. 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14(1) main sentence (unauthorized mountainous districts) of the Management of the Mountainous Districts subject to the Selection of Forest Resources Act, Articles 74(1)3 and 36(1) (unauthorized felling of standing timber) of the Creation and Management of Forest Resources Act, and each sentence of imprisonment with labor;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., circumstances in which no record of punishment heavier than a fine exists);