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.

(e).

Punishment of the crime

【Criminal Records of Crimes】 On November 24, 2016, the Defendant was sentenced to a suspended sentence of two years on May 11, 2017 by imprisonment with prison labor for an attempted crime at the Seoul Northern District Court, and the judgment became final and conclusive on May 24, 2017.

【Change of the form and quality of land for 27,010 square meters in the Namyang-si, Namyang-si, which is located within the restricted zone for criminal facts development, and the permission of the competent authority is required to lumber bamboo trees.

Nevertheless, on April 23, 2017, the Defendant, without obtaining permission from the competent authority, set a tree in F, and made 500 square meters of the above forest land as a dry field by changing the form and quality thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written statement of I;

1. Investigation report (Attachment of photographs to the portion of building of a forest road);

1. Investigation reports, photographs of current status, resident registration cards, land register, certified copy of land register, confirmation of land use plan, photographs, and on-site photographs;

1. Previous convictions in judgment: Inquiry about criminal history, reporting on investigation (final judgment by Defendant A), and application of a copy of the judgment text;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts (Selection of Imprisonment with prison labor);

1. Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (limited to a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, and an attempted crime of fraud as judged by a final and conclusive judgment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not more than one year;

2. Whether the sentencing criteria are applied: Whether the sentencing criteria are not prepared for violations of the Act on Special Measures for the Determination and Management of Development Restriction Zones;

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

A. The Defendant changed the form and quality of land without permission in a normal development restriction zone that is disadvantageous to the Defendant and subsequently went back to the instant crime despite the record of the same crime sentenced to a fine in 2016.