A defendant shall be punished by imprisonment with prison labor for four 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

The defendant is the deceased of D's death in Seoul Special Metropolitan City, Nowon-gu.

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the Administrator of the National Forest Service, etc. specifying its use;

Nevertheless, on October 2, 2017, the Defendant excavated 345 square meters in a mountainous district located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, a national forest on October 2, 201, without obtaining permission from the head of a forest office, etc., and built a cement block building on a surface of 245 square meters and converted the use of mountainous districts.

2. No person who violates the Act on Property of the State shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by Acts;

Nevertheless, on October 2, 2017, the Defendant occupied a cement block building of 245 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which is an administrative property managed by the Korea Forest Service, by constructing a cement block building of 345 square meters in size, and used and profit from the administrative property without permission.

3. Any act of constructing buildings and changing the purpose of use thereof, installing structures, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up articles, etc. within a zone subject to special measures for the designation and management of a zone subject to development restriction, without permission;

Nevertheless, on October 2, 2017, the Defendant, without permission, built cement block buildings of 245 square meters in the area E, forest land, 345 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, which is a zone subject to the restriction on development, and installed a retaining wall and stored construction materials, such as wood and bricks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article applicable to the facts constituting an offense, Articles 53 subparagraph 1, 14 (1) of the Management of the Mountainous Districts which are subject to the option of punishment (elective of imprisonment), Articles 82, 7 (1) of the State Property Act (elective of imprisonment with prison labor), and Articles 32 subparagraph 1 and 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction of Development (elective of imprisonment with prison labor)

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.