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

1. A person who intends to divert a mountainous district in violation of mountainous district management shall obtain permission from the head of the Korea Forest Service;

Nevertheless, in the course of constructing a pen on adjoining land, the Defendant converted the use of cutting and banking in mountainous areas located in Do, E, and F, and in the field of mountainous areas located in Do, E, and F, or by cutting and embankinging the mountainous district without permission.

2. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

Nevertheless, on March 2016, the Defendant cut approximately 310 gs of pine trees in forests G, H, and I in Bocheon-si, G, H, and I without obtaining permission for planting lost trees.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (report on the results of on-site verification of the case);

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14 (1) (unauthorized mountainous districts) and 74 (1) 3, and 36 (1) (unauthorized felling of standing timber) of the Creation and Management of Forest Resources Act concerning the facts constituting an offense, and the selection of imprisonment, respectively;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution refers to the promotion of the development of forestry and the enhancement of various public functions of forests by reasonably preserving mountainous districts, and undermining the purpose of the enactment of mountainous district management Act, etc. to reasonably preserve national land, and the nature of such crime is not negligible; the area of the mountainous district used by the defendant without permission is wide in the area of the mountainous district used for the exclusive use without permission and the number of standing timber cut without permission is small.

However, there are some circumstances that may be taken into account in terms of the fact that the defendant misleads himself/herself and reflects his/her mistake, the fact that there was part of the mountainous district used for non-forest usage from the past without permission, and the circumstances leading to the felling of standing timber.