산지관리법위반등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall divert a mountainous district without permission from the Administrator of the Korea Forest Service, or engage in development activities, such as constructing buildings or installing structures, or changing the form and quality of land, without permission from the head of a Si/Gun.
Nevertheless, from May 9, 2015 to May 13, 2015, the Defendant cut a mountainous district of a size of 8,231 square meters using heavy equipment in Gyeonggi-gun, Gyeonggi-do without permission from the head of the relevant Gun, and changed the form and quality thereof.
Accordingly, the defendant was engaged in development activities simultaneously with converting mountainous districts without permission from the head of Si/Gun.
Summary of Evidence
1. Defendant's legal statement;
1. A certified copy of a complaint filed by an illegal act resulting from illegal damage to a mountainous district, a report on permission for cutting standing trees, a report on actual condition of forest damage, a forestry register, and a forestry map
1. Application of satellite photographs, field photographs and statutes;
1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized conversion of a mountainous district), subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act on criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 62(1) of the Criminal Act is to be strictly punished by the defendant in light of the fact that the area where the defendant performed the conversion of a mountainous district or development activity without permission from the head of the Gun is considerably broad. However, considering the fact that the defendant recognized the facts of the crime, the fact that the defendant seems to have completed the restoration to the original state, and the fact that the defendant has no record of punishment for the same kind of act, the punishment shall be determined as ordered by taking into account all the conditions for sentencing, including the circumstances leading to the crime in this case, circumstances after the crime