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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Any person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry for the diversion of farmland, as prescribed by Presidential Decree;
Nevertheless, the Defendant, without obtaining permission from May 23, 2013 to February 17, 2014, used farmland of 2,298 square meters in C, farmland of 40 square meters in D, farmland of 52 square meters in E, farmland of 76 square meters in F, farmland of 66 square meters in G, farmland of 678 square meters in G, farmland of 350 square meters in H, farmland of 268 square meters in J, farmland of 262 square meters in J, farmland of 172 square meters in J, farmland of 298 square meters in J, farmland of 298 square meters in land for camping, play, stage facilities, road, etc.
2. A person who intends to divert a mountainous district shall determine its use and 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;
Nevertheless, without obtaining permission from the Defendant, from May 23, 2013 to February 17, 2014, the mountainous district was converted by creating a camping site, play place, stage facilities, road, etc. to a total of 11,929 square meters in M, 7,224 square meters in N, and a total of 11,929 square meters in land for the operation of the camping site, thereby changing the form and quality of the mountainous district.
Summary of Evidence
1. Statement by the defendant in court;
1. Supplementary statements of each reference witness of theO or P;
1. Written objection and written accusation for a show of show;
1. A survey report, location map, and current status photograph of each current status;
1. Each forest register and all certificates for registration;
1. Application of investigation reports (attached to materials submitted by public officials in charge related to damaged mountainous districts and farmland recovery);
1. Relevant provisions of the Act concerning the facts constituting an offense, Articles 57 (2), 34 (1) (unauthorized farmland) of the Act, subparagraph 1 of Article 53 and Article 14 (1) of the Mountainous Districts Management Act, and the choice of imprisonment with prison labor for each type of crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The size of the farmland and mountainous district destroyed by the instant crime for the reason of sentencing under Article 62(1) of the Criminal Act with the suspended sentence.