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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
No person shall convert a mountainous district to another use for a specified purpose without permission from the Minister of the Korea Forest Service, etc., or temporarily use a forest road, work road, or any other similar mountain road for the purpose of creating forest paths, such as a forest road or work road, without reporting thereon to the head of a Si/Gun/Gu.
From Aug. 2013 to Mar. 2014, the Defendant illegally reclaimed 2,168 square meters (refluence costs of recovery costs of KRW 8,984,408) from land in Chungcheongnam-gun, Chungcheongnam-gun, and D without obtaining permission from the Minister of the Korea Forest Service, etc., and converted the use of a mountainous district and temporarily used 2,303 square meters (refluence costs of recovery costs of KRW 9,002,197) without filing a report on temporary use of a mountainous district to the head of a Si/Gun/Gu.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol regarding E;
1. Each fact-finding survey report and each statement of business travel;
1. Each investigation report (the first addition, addition, damage, second addition, or damage);
1. Certificates of investigation into violation of each Mountainous Districts Management Act and photographs and photographs;
1. Application of the statutes governing the airline which provides national land geographic information sources;
1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized use of mountainous districts) and subparagraph 2 of Article 55 and the former part of Article 15-2 (2) (unauthorized use of mountainous districts) of the same Act on criminal facts;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (a sentence of suspension of execution shall be imposed in consideration of the fact that the area of the damaged mountainous district is large, there are records of the same kind of crime, and the attitude of serious reflectivity is disadvantageous. However, the fact that considerable portion of the mountainous district has been restored to a mountainous district, considerable portion of the mountainous district is mixed with the nature of the mountainous district and dry field, and there are no criminal records of probation or higher for the last twenty years);