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.

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority. However, from June 2015 to October 2015, the Defendant changed the form and quality of the land by raising the size of 318 square meters of the said land at 3.8 meters at a height of 3.8 meters from the Nam-gu, Nam-gu, the Nam-gu, the Nam-gu, the Seoul Metropolitan Government from June 2015 without obtaining permission from the competent authority to engage in development activities, such as changing the form and quality of the land.

While anyone is prohibited from converting a mountainous district without obtaining permission from the competent authority, the defendant laid down trees that he/she grown from the forest land in South-gu, Nam-gu, and three lots of land outside South-gu on August 2017 without obtaining permission from the competent authority for the diversion of a mountainous district, and cut and embanking up a mountainous district with a total of 1,904 square meters by using a excavation cutting machine.

Summary of Evidence

[2017 Highest 1587]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written accusation;

1. The current status of illegal development activities, satellites and field photographs, and survey maps of the site area (2018 Gooman256);

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to the drawings, forest land register, and certified copy of the register, field photographs, and details of calculation of area;

1. An occupation of development activities without permission for the relevant legal provisions on criminal facts: Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act; Article 53 subparagraph 1 of the Management of Mountainous Districts Act; Article 14 (1) of the Management of Mountainous Districts Act;

1. Selection of each sentence of imprisonment with prison labor ( Consideration, such as that the area of the land subject to each of the crimes in this case is considerably wide, but the restoration to the original state has not yet been completed);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the suspended sentence of Article 62(1) of the Criminal Act, the restoration to its original state;