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

A person who intends to divert a mountainous district shall obtain permission from the head of a forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, from November 2016 to December 2016 of the same year, the Defendant cut land using equipment, such as cream, etc., in the c forest in the city of Scream and cut the land at the place without obtaining permission to set up a mushroom farming shed, and converted land to convert the form and quality equivalent to 1,339 square meters of forest land into mountainous district in a manner of piling up stone in the surrounding area and piling up stone embankments into mountainous district in excess of 23,785,90 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A location map, a survey report on actual conditions, a photo on the current status, an airline dust, and a report on the computation of restoration expenses;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 54 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is against the Defendant’s recognition of the instant crime, and the Defendant was performing construction works beyond the permitted area while obtaining permission to convert a mountainous district to establish a mushroom farmer, resulting in the instant crime. The Defendant completed restoration works and undergone a completion inspection from the competent authority, and the Defendant did not have any record of receiving a fine or heavier criminal punishment; the size of the mountainous district used exclusively by the Defendant without permission; the Defendant’s age, sex behavior, environment, motive and background of the instant crime; and the circumstances after the crime, etc. shall be comprehensively considered to determine the punishment as set forth in the Disposition.