A defendant shall be punished by imprisonment with prison labor for up to 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

1. A person who intends to divert a mountainous district for committing a crime on January 2020 shall obtain permission from the Administrator of the National Forest Service, etc., specifying the purpose thereof;

Nevertheless, on January 2020, the Defendant unlawfully diverted the area of 1,468 square meters to a mountainous district by allowing C to use a digging hole for the purpose of creating farmland in the Gyeong-si, which is a quasi-permanent conservation mountainous district, in the Si, Si, which is a quasi-permanent conservation mountainous district, without obtaining permission to convert the area to a mountainous district.

2. A person who intends to divert a mountainous district for committing a crime from February 2, 2020 to March 3, 2020 shall obtain permission from the Administrator of the Forest Administration, etc. for a specified purpose.

Nevertheless, the Defendant converted 1,262 square meters into mountainous districts in a manner that, without obtaining permission to convert mountainous districts from the City Mayor on February 2, 2020 to around February 3, 2020, the quasi-permanent conservation mountainous districts B, by having C create farmland using the excavation season.

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. The application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

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 reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution reaches 2,730 square meters in total by the Defendant without permission.

There is a high possibility of criticism in that the defendant was aware of illegality by being investigated for the diversion of illegal mountainous districts as stated in paragraph (1) of the judgment of the defendant and came to commit the crime described in paragraph (2).

However, considering the fact that the defendant completed restoration work, the defendant is aged aged in 1935, and the defendant is the first offender who had no record of criminal punishment before the case, the defendant's age, character and environment, motive and consequence of the crime, circumstances after the crime, etc., the conditions of the arguments of this case and the sentencing specified in the records shall be comprehensively considered, and the punishment shall be determined as ordered.