A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

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

The Defendant did not obtain permission from the competent authority, and converted the use of mountainous districts into mountainous districts in a manner that in the area of 1,260 square meters of land among the 1,260 square meters of forest land in Mapocheon-si, Si, 2017, the Defendant used the excavated machine for the purpose of using it as farmland.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of accusation officials;

1. A land register and a certificate of land use plan;

1. Application of statutes to each airline for the year prior to the illegal mountainous district and to data on the release of property of each site prior to the illegal mountainous district;

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Punishment by law: Imprisonment with prison labor for not more than three years;

2. Determination of sentence: Four months of imprisonment, and two years of suspension of execution, which are disadvantageous to the defendant;

The punishment shall be determined as ordered by taking into account the following circumstances: the size of illegal diversion is not relatively wide, and the restoration of the original state has been achieved, taking into account the defendant's age, sex, environment, circumstances, circumstances after the crime, and other conditions of sentencing as shown in the arguments after the crime.