However, the execution of the above punishment shall be suspended for 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 competent forest office, 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 competent authority.

Nevertheless, the Defendant did not obtain permission from the competent authority to engage in livestock farming business, from June 2017 to around September 2017, and formed grassland equivalent to 10,000 square meters of forest land by using a scoo-gun, Gosi-gun, a quasi-preserved area, as grassland. From March 2018 to May 201 of the same year, the Defendant damaged a forest of 14,000 square meters of the above forest land by using a scoo-gun as grassland, and cut down trees, such as pine trees, etc., 875 square meters while damaging the mountainous district as above.

As a result, the defendant diverted mountainous districts and cut standing timber in forests without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a land register, cadastral map, and written confirmation of national land utilization plan;

1. Article 53 subparag. 1 and the main sentence of Article 14(1) of the Management of the Mountainous Districts Act concerning criminal facts; Article 74(1)3 and Article 36(1) of the former Creation and Management of Forest Resources Act (Amended by Act No. 14987, Oct. 31, 2017); the choice of imprisonment, respectively, concerning criminal facts;

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 suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is with wide area of damaged forests, and the nature and circumstances of the crime are not good due to large trees cut.

However, the defendant reflects the crime and does not act again, the defendant completely restored the damaged forest, the defendant is the first offender who has no record of punishment for the crime, and the defendant is receiving hospital treatment due to old parents and disability.