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

Any 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 specifying its use.

Since the indictment submitted by the prosecutor around February 20, 2018 contains any omission in the date and time of the crime, the date and time of the crime shall be stated ex officio on the basis of the defendant's statement, etc. (the page for the investigation record No. 91).

In the forest of 19,284 square meters (4,89 square meters in a preserved mountainous district, quasi-preserved mountainous district, 14,358 square meters in a preserved mountainous district), the forest was unlawfully diverted the mountainous district by changing the form and quality of the forest by using heavy equipment without obtaining permission for conversion of mountainous district.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions and documents attached thereto (the list Nos. 4 through 17);

1. Application of Acts and subordinate statutes to report on investigation;

1. The former part of the main sentence of Article 53 of the Management of the relevant Mountainous Districts Act, and Articles 14 (1) (referring to the diversion of a preserved mountainous district without permission for such mountainous district), the latter part of the main sentence of Article 53 of the Mountainous Districts Management Act, and the main sentence of Article 14 (1) (referring to the diversion of a mountainous district without permission for a mountainous district other than a conserved mountainous district) concerning the facts constituting the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates a violation of the Management of Mountainous Districts due to the diversion of a mountainous district, the imposition of which is heavier than that of a preserved mountainous district without permission);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., conditions of sentencing favorable to the reasons for sentencing) is that the Defendant’s total area of 19,284 square meters of the land exclusively used without obtaining permission to convert the mountainous district is an unfavorable circumstance against the Defendant.

However, the fact that the defendant reflects the defendant, that the defendant was the first offender who has no previous record, and that the defendant completed the original restoration measures with respect to the mountainous district that was exclusively used as above, is considered as favorable to the defendant, and is shown in the argument of this case.