Text
A defendant shall be punished by imprisonment for not less than eight 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
No one shall divert mountainous districts, install structures within urban parks, or change the form and quality of land without permission from the competent authority.
Nevertheless, the Defendant operated D religious organization E in Ulsan-gun, Ulsan-gun, without permission. On October 2012, the Defendant installed a structure within an urban park by cutting and embling the site by using a digging hole to the above C and F, which is the neighboring park of urban planning facilities, among urban parks located in a mountainous district and urban parks, and then installing a retaining wall and a stone embankment, and changing the form and quality of the mountainous district by installing a concrete on the embankment, and making it possible to make a building with a concrete on the embankment and a parking lot concurrently (area 329 square meters, height 5.7 meters).
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of G and H;
1. Investigation report (attaching a written confirmation of land use plan, etc.);
1. Application of the Acts and subordinate statutes on the written accusation;
1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts and the former part of Article 14 (1) (the act of converting a mountainous district without permission for the conversion of a mountainous district) concerning criminal facts, subparagraph 2 of Article 53 and Article 24 (1) of the Act on Urban Parks, Greenbelts, Etc. (the act of installing structures in an urban
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;