A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 Minister of the Korea Forest Service, etc. according to the classification of types, areas, etc. of mountainous districts prescribed by Presidential Decree

The Defendant, without obtaining permission from the Minister of the Korea Forest Service, cut standing timber on December 2, 2013 in the Haju-si B, Gyeongju-si, the Defendant diverted the said forest to 5,827 square meters in a manner, such as cutting out standing timber using a digging machine and booming land.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to each field photograph and location map;

1. Article 53 of the relevant Act on Criminal facts and Articles 53 subparagraph 1 and 14 (1) of the Act on the Optional Management of the Punishment of Imprisonment with Labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The crime of this case is limited to mountainous districts under the pretext that four members of the clan to which the defendant belongs share 1/4 of each share of the land registered as joint ownership, except for their own punishment, shall create a orchard for the old age without the consent of three members of the remaining owners and the clans.

The Defendant appears to have recognized the illegality of the instant crime in light of the fact that the investigative agency stated to the effect that “the Defendant created a site without permission from Chungcheong and Chungcheong City without consultation.”

However, the Defendant did not restore the converted mountainous district to its original state even after a considerable period of time has elapsed from the time when converting the mountainous district of this case. In this court, the Defendant stated that “the Defendant committed the crime of this case for old age, thereby doing so, there is no plan to restore the damaged mountainous district,” and thus, did not seem to seriously reflect his mistake.

In addition, when the forest is damaged once, it takes considerable effort and time to recover even if the restoration is practically impossible or restored, so it is serious about the damaged act.