A defendant shall be punished by imprisonment for 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

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.

Nevertheless, on April 4, 2018, the Defendant cut the ground using a digging hole without obtaining permission from Sincheon-si B, a preserved mountainous district, and laid down the ground on both sides of the earth and filled up the stone, thereby creating an access road (1,100 square meters).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A forest ledger and a certificate of land use plan;

1. Application of the photographic Acts and subordinate statutes;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant has been sentenced to a fine of KRW 10,000,000 by diverting the mountainous district by creating access roads without permission even recently.

Nevertheless, the crime of this case was committed again after several months.

The method is also the use of scools, and the method of crime is not insignificant, and the damaged mountain land has not been restored to its original state.

피고인은 넝쿨을 제거하기 위하여 범행에 이르렀다고 주장하나 이를 이유로 석축을 쌓고 진입로까지 조성할 필요는 없어 보인다.

Provided, That the defendant has no criminal records of suspended execution.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other conditions of sentencing as shown in the arguments of this case shall be determined as the disposition.