Defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding ten thousand won.

However, the period of two years 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 in accordance with the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

The Defendant, without obtaining the aforementioned permission, removed swimming pool from 2,630 square meters of 2,630 square meters of land in Jeju-si, Jeju-si, which is a quasi-containment mountainous district, on April 2017, and converted the said mountainous district into a method of spreading 50 tons of aggregate of two dump trucks on that ground and using it as a stone field.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Location map, damaged area, and details of damaged area;

1. Application of each on-site photograph and airline statute;

1. Relevant Article 53 subparag. 1 of the relevant Act and the main sentence of Article 14(1) of the Mountainous Districts Management Act concerning criminal facts: Mountainous Districts Management Act was amended by Act No. 14361, Dec. 2, 2016; and was enforced 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 under Article 1(2) of the Criminal Act and both imprisonment and fine are imposed concurrently.

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

1. Article 62 (1) of the Criminal Act (it shall be considered that the punishment of imprisonment is against the law, the fact that there is no record of crime exceeding the fine, and the completion of reinstatement, etc.);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;