A defendant shall be punished by imprisonment with prison labor for four months.

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

Criminal facts

On October 26, 2016, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution for violating the National Land Planning and Utilization Act in the Changwon District Court's Msan branch on October 26, 2016, and the judgment became final and conclusive on May 19

The Defendant, from July 2014 to August 2, 2014, was developing a grassland of 8,000 square meters out of 29,500 square meters of forest land in Yongsan-gu, Changwon-si, Changwon-si, Changwon-si, which is his own possession, for the Defendant, constituted a person in charge of Changwon-si, Changwon-si, who is responsible for the management of the Changwon-si Association, directly cut the forest and fell under the trees of the Defendant.

However, according to the evidence duly adopted and examined by this court, including the following evidence, the Defendant did not make any effort to accurately verify the boundaries of 29,500 square meters of forest land and E,711 square meters in Yongsan-gu, Changwon-si without making any effort to clearly recognize the boundaries of 29,500 square meters of forest land and E, 8,711 square meters by means of a survey or any other means, and requested the Changwon-si Association to conduct cutting and cutting of trees according to the boundary he thought. Accordingly, the Defendant was aware that the person in charge of Changwon-si Association was actually engaged in cutting and cutting of trees.

Therefore, it is reasonable to deem that the Defendant committed the crime of causing property damage in the form of indirect principal offender with the intention of incomplete negligence. Therefore, unlike the above facts charged, the facts constituting an indirect principal offender and the statutes shall apply.

(Recognizing the identity of basic factual relations between the above facts charged and the facts charged, and considering the whole process of pleading, it is determined that the above facts charged do not pose a substantial disadvantage to the defendant's exercise of the defendant's right of defense. Thus, it is recognized without the modification of indictment in accordance with the purport of the Supreme Court Decision 90Do94 Decided March 13, 1990. It is about 1,281 square meters out of approximately 8,71 square meters of land owned by the defendant among the victim D class D adjacent to the above forest.