A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest agency, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and shall not divert the mountainous district without obtaining permission to divert

From September 2013 to December 2013, the Defendant changed the form and quality of a mountainous district by using two excavation cutting machines and one shotdozers, using two cutting and shotdozers, without obtaining permission for mountainous district conversion from the area of 3,109 square meters among the forest land B in a mountain area other than the preservation mountainous district.

As a result, the Defendant converted the use of mountainous districts without obtaining permission to convert mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's land, cadastral and old map, actual survey map, photographs and airlines of the site prior to the illegal mountainous district;

1. A report on illegal diversion of mountainous districts, a certificate of use of mountainous districts, a copy of cadastral survey results, and a statement of calculation of damage from land before illegal mountainous districts;

1. Satellite photographs;

1. Application of Acts and subordinate statutes governing investigation reports (in whole accompanying documents for registration), entire certificates of registration;

1. Relevant legal provisions and the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the main text of Article 53 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the

1. Although the area of a mountainous district was widened by the Defendant for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act and its form and quality is not restored, the Defendant voluntarily filed a report on illegal changes in the form and quality of the mountainous district and the category of the mountainous district is changed according to due process. As such, in full view of the aforementioned facts and all other relevant factors of sentencing as indicated in the record, including the Defendant’s age, sex, environment, family relationship, circumstances after the crime