The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (4 months of imprisonment, 2 years of suspended execution) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Before determining the grounds for appeal by the defendant and the prosecutor ex officio, the prosecutor applied for changes in the indictment with the following criminal facts at the time of the trial. Since the subject of the trial was changed by this court's permission, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to fell standing timber or extract or gather forest products in a forest shall obtain permission from the competent authority.

1. Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2017, in order to install and expand graveyardss and access roads to graveyardss in Nam-gu F and B, Nam-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and Mapo-si, 1,407.963 square meters (in cases of preserved mountainous areas, part of F and B, part of 867.739 square meters, part of B, 540.24 square meters) out of the above forest, laid down and cut standing timber by cutting ten gs of trees in the above forest.

2. Around October 2017, the Defendant cut 141.514 square meters, among the forests and fields located within a quasi-preserved mountainous district, by using a excavating machine, in order to install a wrink for mushroom cultivation of neighboring farmland in C without obtaining permission from the competent administrative authority.

3. The defendant shall obtain permission from the competent authorities.