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

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification of mountainous district types, areas, etc. for a specified purpose.

From January 15, 2019 to February 22, 2019, the Defendant used 10,103 square meters in total, such as Jeon Chang-gun, Jeonbuk-gun (area 7,291 square meters), C (area 616 square meters), D (area 709 square meters), E (area 376 square meters), and E (area 1,111 square meters), which is a preserved mountainous district, to divert mountainous districts by using heavy equipment without permission of the competent authority, in order to develop the forest as farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Location map of illegal forest damage, actual condition survey report, location map, detailed statement of the area of illegal deforestation, photograph of forest damage, details of calculation of damage amount, expenses for public announcement of afforestation in 2018, forest land use planning book of damaged area, and application of statutes of written confirmation of land use plan

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: Imprisonment with prison labor for six months and suspension of execution for two-year mountainous districts without permission shall cause social loss by damaging forests that cause severe damage to their original state and require considerable time and expenses to restore the original state to the original state. Therefore, it is necessary to prevent such act through appropriate punishment.

The fact that the area damaged by the Defendant was considerably wide, and that the Defendant visited the Chang Chang-gun Office and asked about the development of forest land around September 2018, and the illegality of the act of converting the mountainous district to the mountainous district without permission was well known, and the fact that the Defendant committed the crime of this case is disadvantageous to the Defendant.

However, the defendant.