Defendant shall be punished by imprisonment for not less than six months and by a fine not exceeding 5,000,000.

However, the period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall change the form or quality of a mountainous district without obtaining permission from the head of a forest agency, etc.

Nevertheless, on April 25, 2017, from around April 26, 2017 to April 26, 2017, the Defendant changed the form and quality of the land of KRW 1,881 square meters in the above mountainous district so as to cover recovery expenses equivalent to KRW 9,231,00 in the length, and KRW 9,231,00 in the form and quality of the land by using pokes without obtaining permission from the Administrator of the Forest Administration, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each special judicial police officer with respect to C and D;

1. A certificate of land use plan (B);

1. Matters damaged and location map of the forest;

1. Details of damage areas, damage area, calculation of actual survey area, and calculation of damage amount;

1. The application of Acts and subordinate statutes on monaks, which are used in each on-site photographs and changes in the form and quality without permission;

1. Article 53 subparag. 1 and the main sentence of Article 14(1) of the Mountainous Districts Management Act regarding criminal facts: Mountainous Districts Management Act was amended by Act No. 14361, Dec. 2, 2016; and was implemented on June 3, 2017; the instant crime was committed in the previous act or by the statutory penalty of the new law is more than the statutory penalty of the former Act; thus, the new law is applied in accordance with Article 1(2) of the Criminal Act, since the statutory penalty of the former Act is less than that of the former Act.

1. Imprisonment with prison labor and a fine concurrently;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act (with respect to imprisonment, taking into account the circumstances favorable to the defendant among the reasons for the following sentencing)

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order to preserve the beautiful natural environment of Jeju-do and to bring the illegal mountainous district to his descendants, requires strict punishment. In light of the fact that the illegal mountainous district conversion area of this case is not significant, it is necessary to sentence the defendant corresponding to the illegal mountainous district.

Provided, That with respect to imprisonment, the execution of the sentence shall be suspended in consideration of the fact that the defendant is against himself/herself and has endeavored for reinstatement, etc.