A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

Any person who intends to reclaim land, alter the form and quality of land or fell trees in a park area, other than a park project, shall obtain permission from the park management agency, as prescribed by Presidential Decree.

Nevertheless, on April 2017, the Defendant, without obtaining permission from the Park Management Office, performed the mination work by using heavy equipment in Chungcheongnam-gun C, Chungcheongnam-gun, which is a natural environment district in the park located in the park located in the Taean National Park located in the Taean National Park located in the Dollan-gun, Chungcheongnam-gun, which is a park, and changed the form and quality of land 1,177.25 square meters by creating a cemetery 572.25 square meters, an access road 405 square meters, and a parking lot 200 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written opinion of the Director of the National Park Affairs Station, an accuser, and an accuser;

1. A survey report (Attachment of land use regulation information);

1. The application of the relevant Acts and subordinate statutes to a location map, ground plan, wooden record, current status photograph, and national park map;

1. Relevant Article 4 (2) of the Act on the Control and Aggravated Punishment of Specific Economic Crimes, Etc., Article 23 (1) 3 of the Natural Park Act (unauthorized changes in the form and quality of land), Article 82 subparagraph 2 of the Natural Park Act, and Article 23 (1) 7 of the Natural Park Act (Unauthorized changes in the form and quality of land) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following sentencing has been repeated in favor of the defendant during the period of the suspension of execution):

1. The scope of applicable sentences by law: Imprisonment for one year to nine years; and

2. Scope of the recommended sentencing criteria: The fact that the sentencing criteria are not set.

3. Determination of sentence: Imprisonment with prison labor for one year and two years of suspended sentence, and the age, sex, environment, and crime of the defendant in the following circumstances: