except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes 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 the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

Nevertheless, the Defendant did not obtain permission from the competent authorities for conversion of a mountainous district, and 10 days in early January 2018, and 6 days in early June 2018 in early February of the same year, converted the use of filled-up and cutting of trees to cover approximately 13,405 square meters of forest land, such as Haju-gun B, C, D, and E, a preserved mountainous district, for the creation of an orchard and for the relocation of a cemetery.

Accordingly, the Defendant used approximately 13,405 square meters for preserved mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes (2017) to the actual survey report, the damage field photograph, the forestry cadastral map, a certified copy of the forestry cadastral map, the land utilization confirmation personnel, and the damaged aerial photographys

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

1. The Defendant shall be punished by imprisonment with prison labor, on the ground that there is a high possibility of criticism in view of the fact that the reason for sentencing under Article 62(1) of the Criminal Act, the size of the mountainous district unlawfully used by the Defendant is large and the conservation district necessary

However, there are some favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, and that the restoration work is being carried out with the approval of the competent administrative agency for the restoration to its original state.

The term of punishment shall be determined as per the disposition in consideration of the above circumstances, the defendant's age, character and conduct, environment, etc., and the execution thereof shall be suspended.