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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant, without obtaining permission from the competent authority from June 2, 2013 to the fourth day of the same month, was issued a summary order of KRW 3 million as a violation of the Management of Mountainous Districts Act at the Jeonju District Court on January 4, 2016 and the summary order is finalized on January 15, 2016.
Therefore, even though the Defendant received an order for restoration from the head of the competent Gun on August 13, 2015 to restore the said mountainous district to December 30, 2015, the Defendant did not restore the mountainous district within the said period.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the actual situation survey report, photographs of the scene of damage, forest land register, certified copy of the forestry map, aerial photography of the damaged area, survey drawings of damaged area, and each investigation report (Attachment of summary order or restoration order);
1. Subparagraph 10 of Article 55 and Article 44 (1) 2 of the Management of Mountainous Districts Act concerning facts constituting a crime;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) that a defendant who has no record of punishment heavier than a fine is repenting his/her mistake, and the approval of the design for restoration of the mountainous district for such exclusive use
1. Social service order under Article 62-2 of the Criminal Act;