A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, the Defendant, without obtaining permission for conversion of mountainous district around March 2019, changed the form and quality of the mountainous district by cutting and raising the ground to the extent of 1,880 square meters in the 2,777 square meters of forests and fields B in Gyeonggi-gu, Gyeonggi-do, a quasi-Preservation Mountainous District, and by using the excavation cutting machine to the extent of 1m high.

2. A person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor;

Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2019, engaged in development activities, such as changing the form and quality of land by cutting and raising a grave at a height of 1m high by using a excavation cutting machine, without obtaining permission for development activities from the competent authority on March 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes to each field photograph and forest land register;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development acts) on criminal facts; subparagraph 1 of the former part of Article 53 of the Management of Mountainous Districts Act; and Articles 14 (1) (Unauthorized conversion of mountainous districts, other than preserved mountainous districts, into mountainous districts);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is based on the following facts: (a) the Defendant cutting and banking the forest up to 1,880 square meters without permission, and the scale of the crime is not small; (b) the Defendant has been sentenced to a fine twice in the light of the fact that there was a history of being sentenced to a crime related to environment, such as the violation of the Act on the Management and Use