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 becomes final and conclusive.

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, on March 2019, the Defendant, without obtaining permission to convert mountainous districts, converted mountainous districts into mountainous districts, such as changing the form and quality of mountainous districts by using a digging marator in the area B B 4,304 square meters in Cheongju-gu, Seo-gu, Seo-gu, Cheongju, which is a mountainous district for public interest.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the suspect against the defendant (excluding the part concerning which evidence is dismissed);

1. On-site photographs and reports on the area [the defense counsel did not use the forest that was produced by the work process to grow trees after planting, and did not use the forest for the purpose of conversion for the land or for other purposes, so there was no criminal intent for the diversion of the mountainous district. However, the defendant's intent in violation of the Mountainous Districts Management Act is sufficiently recognized by taking into account all the circumstances and contents of the case, and all of the following: (a) the forest that was created by the work process to grow trees after planting is not used for the purpose of conversion for the land or for other purposes; and (b) the facilities, such as a vinyl machine, were installed in a plastic house, etc.;

We cannot accept the above argument.

Application of Statutes

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as per the order, taking into consideration all the circumstances, including the fact that the damaged area is considerably favorable for the reason for sentencing: the restoration to the original state is completed, the fact that there is no record of punishment for the same kind of crime, and the defendant's age, sex, environment, and circumstances before and after the crime;