Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
A 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.
On March 2016, the Defendant: (a) was engaged in the work of creating forest land in the instant B, which was authorized to develop forest land, as farmland, on March 3, 2016, the Defendant destroyed mountainous districts by using a flag season without obtaining permission from the competent administrative authority; (b) cutting down approximately 12,327 square meters of forest area, such as pine trees, 574, which were brought up in the relevant area, and diverted KRW 22,859,020 in total, including expenses for restoring mountainous districts, so that the amount of KRW 12,327 square meters is equal.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D, E, F, G, and C;
1. Application of Acts and subordinate statutes to the actual survey report;
1. Article 53 (1) and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense. (Selection of imprisonment with prison labor);
1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing): The Defendant was at the site of a law to block the instant case, but the Defendant’s mistake was recognized, and is against the law.
The illegality of this case was substantially cured by filing an application for revision to the implementation plan for the clearing project with the competent authorities.
There is no criminal history exceeding a fine for the accused.
Unfavorable circumstances: The size of the exclusive use of the mountainous district is reasonable, and the degree of damage is not easy.
In addition, the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the records and pleadings, such as the age, sex, environment, motive and consequence of the crime, and circumstances after the crime.