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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts due to the diversion of a mountainous district shall obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of
Nevertheless, the Defendant changed the volume of 870 square meters and converted it to a mountainous district without obtaining permission of the number of Gohap-gun, the competent administrative agency, and in order to use it as farmland for the cultivation of agricultural crops, such as maths, in a mountainous district located in Gohap-gun, Chungcheongnam-gun, Gyeongnam-gun, around 2013.
2. A person who intends to temporarily use a mountainous district in violation of the management of the mountainous district due to the temporary use of the mountainous district shall report to the head of the forest in relation to the mountainous district of state forests, and to the head of the Si/Gun/Gu in relation
Nevertheless, on September 2014, the Defendant temporarily used a large volume of 37,592 square meters using a chiller, etc. to establish a mountainous district located in Dong, E, F, and G around 2014, in a mountainous district located in Macheon-gun, Macheon-gun, Macheon-gun, and Dong, which is a observation authority, for the purpose of planting landscape trees and working.
Summary of Evidence
1. Statement of the defendant in the second public trial records;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to each investigation report (illegal forest damage and applicable Acts and subordinate statutes, review of authorization and permission matters, satellite photographs, airline photographs);
1. Subparagraph 1 of Article 53 of the Management of the Mountainous Districts Act, the main sentence of Article 14 (1) (o point of exclusive use for mountain areas) of the relevant Management of the Mountainous Districts Act, subparagraph 2 of Article 55 and Article 15-2 (2) 4 (a point of temporary use for mountainous districts) of the Mountainous Districts Management Act concerning the facts constituting an offense;
1. Selection of each sentence of imprisonment;
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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the mountainous district that has been restored to a certain extent by the defendant, but has not yet been restored to a certain extent, the health of the defendant is not good, and other circumstances favorable to the defendant);