The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The sentence of the court below (the imprisonment of eight months and the suspension of execution of two years) against the defendant on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

In the case of a prosecutor, “Article 53 subparag. 1 and Article 14(1) of the Mountainous Districts Management Act” of the Act applicable to the defendant in the trial of the party, “Article 53 subparag. 1 and the main text of Articles 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); and “Articles 74(1)3 and 36(1) of the Creation and Management of Forest Resources Act” was amended to “Article 74(2)2 and 36(1) of the Creation and Management of Forest Resources Act” to “Article 74(2) of the Creation and Management of Forest Resources Act,” and this Court was changed to the subject of the judgment.

In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 74(2)2 of the relevant Act and Articles 36(1) of the Creation and Management of Forest Resources subject to the option of punishment concerning criminal facts; Article 53 Subparag. 1 of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the main sentence of Article 14(1) (unauthorized mountainous districts) of the former Mountainous Districts Management Act; Articles 140 Subparag. 1 and 56(1)2 of the National Land Planning and Utilization Act (unauthorized diversion of land) of the National Land Planning and Utilization Act; Articles 140 Subparag. 1 and 56(1)5 (Unauthorized diversion of land) of the National Land Planning and Utilization Act; and national land planning and utilization.