The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months, the suspension of execution of two years and the fine of five million won) is too unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The area of the mountainous district illegally used by the defendant reaches 5,806 square meters.

Circumstances favorable to the defendant shall be as follows:

The Defendant led to the instant crime, and is against himself.

The defendant obtained permission to change the use of mountainous districts for part of illegally converted land, and some of them restored to their original state.

Defendant has no record of punishment for the same kind of crime.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.

Defendant’s assertion is with merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 6 of the Addenda to the Management of the Mountainous Districts (Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order shall be determined as ordered in consideration of the various circumstances as seen earlier.