A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 November 23, 2020, the Defendant cut trees to create electric power resource housing and made work roads to facilitate them out to the outside, and unlawfully diverted mountainous districts by using Poke mon equipment with a size of 2,273 square meters and changing the form and quality of 2,273 square meters, without permission for mountainous district diversion.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the location map, drone border photographs, photographic site, actual survey map, and forest register;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable condition among the reasons for sentencing as follows) is that the Defendant was punished four times from 2013 to 2018 by a fine for a violation of the Management of Mountainous Districts Act, which is similar to the instant case, is unfavorable.

However, the defendant led to the confession of the crime of this case and reflects his mistake.

In addition, efforts were made to restore the land of this case which has been unlawfully diverted.

The same type of punishment as the order shall be determined in consideration of the records of this case and the various sentencing conditions as shown in the theory of changes, such as the defendant's age, sex, occupation and environment, motive and background leading to the crime of this case, and circumstances after the crime.