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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

From November 2016 to March 2017, the Defendant created farmland in a manner of flatizing the site by using scambling seasons and scamdoers in order to create a ginseng field without obtaining permission from the competent authority, on a total of 16,254 square meters in Nam-si, Nam-si, C, and D, a preserved mountainous district and quasi- conserved mountainous district, from around 2016, and changed the form and quality of the mountainous district without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the actual situation survey report, the location map of illegal forest damaged areas, the photograph of illegal damaged areas, the aerial photography of illegal damaged areas, the actual conditions of survey maps, the air carriers before and after damaged areas, and the land use planning statutes;

1. Article 1 and Article 6 of the Addenda to the Management of Mountainous Districts Act (Act No. 14361, Dec. 2, 2016); Article 53 (former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the main sentence of Article 14 (1) of the former Mountainous Districts Management Act; the choice of imprisonment with labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)

1. The scope of punishment by law: One month to seven years of imprisonment;

2. Determination of sentence: The act of converting a mountainous district of one year under a suspended sentence of imprisonment with labor for six months or one year without permission is causing social loss by damaging a forest that causes severe damage to the forest and requires considerable time and expenses for restoration to the original state. Therefore, it is necessary to prevent such act through appropriate punishment, and the area of the mountainous district damaged by the defendant is a considerable disadvantage to the defendant

However, the circumstances favorable to the defendant include the fact that the defendant recognizes his mistake, that there is no criminal punishment heavier than the fine for the same kind of crime, and that the defendant is trying to restore the damaged mountainous district to its original state.