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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. for conversion of a mountainous district according to the classification of mountainous district specified by Presidential Decree, its use, size, etc., and shall not convert a mountainous district without permission therefor, or shall not convert a mountainous district upon obtaining permission
Nevertheless, on February 2013, the Defendant used heavy equipment, such as boomers, etc., to newly construct a detached house and plant plants for planting trees without obtaining permission from the net Incheon City B, 7,841 square meters in order to convert the use of the same mountainous district into the said mountainous district.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Report on results of field surveys:
1. Location map of illegally converted mountainous district and application of field photographs-related Acts and subordinate statutes;
1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and the selection of imprisonment for criminal facts;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da12089