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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.
Reasons
Punishment of the crime
A person who intends to divert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts, and a person who intends to fell standing timber in a forest shall obtain permission from the competent authority, and a person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority.
Nevertheless, in order to create a housing site and an access road on April 2016, the Defendant cut 64 gall trees without obtaining any permission from the competent administrative agency, and changed the form and quality of the mountainous district by cutting the land into the same area as 46 m2, 38 m259 m2, 38 m259 m2, 59 m2, 357 m2, 357 m2, G 1,149 m2, 530 m2, and H 530 m2.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of I and J;
1. Illegal district map, land register, forest register, certified copy of cadastral map, certified copy of land use plan, and written confirmation of land use plan;
1. A statement on the calculation of the total number of standing timber in illegal land and a forest survey report;
1. Illegal field photographs;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Article 53 subparagraph 1 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Management of the Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) (unauthorized felling of standing timber) of the Act on the Creation and Management of Forest Resources, and Articles 140 subparagraph 1 and 56 (1) of the National Land Planning and Utilization Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (including cases of receiving the completion of restoration work for a damaged mountainous district, such as the beginning offender, confession, reflectivity, and circumstances, etc.);