Text
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 became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who constructed a house in a group of members, such as Gyeonggi-si D, from August 2012 to December 2014.
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, the Defendant, without obtaining permission from the competent administrative agency on August 2012, 200, embling the aggregate of 96 square meters in E, the front part of the housing, and 208 square meters in total, including 140 square meters in G, 244 square meters in H, 508 square meters in G, 253 square meters in J, 394 square meters in K, 670 square meters in total, and 417 square meters in M, and 2,626 square meters in total among 7 square meters in total, 247 square meters in total, 89 square meters in P, 472 square meters in total, 572 square meters in size, 312 square meters in total, 3522 square meters in total, among 362 square meters in M, and 3724 square meters in total among 7 square meters in total, 670 square meters in K, and 417 square meters in total among 375 square meters in total.
As a result, the Defendant used a mountainous district of 9,207 square meters in total without obtaining permission from the competent authorities.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements;
1. Surveys of current status and old map;
1. Application of Acts and subordinate statutes governing illegal field photographs;
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, and the selection of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing as follows) is to maintain the existing forest roads when the Defendant newly constructed his/her house, even if the restoration is practically impossible or restored once, there is considerable effort and time, the area of the forest damaged by the Defendant, etc. is considerable, and there is considerable need for the Defendant to commit his/her crime.