A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

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. according to classification of mountainous districts specified by Presidential Decree, size, etc.

Nevertheless, on July 2014, the Defendant illegally diverted a mountainous district equivalent to 2,772 square meters in size by using a digging hole without obtaining permission from the competent authority, in the area of 908 square meters of forest land B in Yannam-gun, Chungcheongnam-gun, Taenam-gun, C, 5,709 square meters of forest land, D forest land 36,397 square meters of forest land.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reply to requests for the verification of farmland cultivation, such as a survey report on actual conditions, a survey report on illegal land, a plane figure on illegal land, a photo of illegal mining area, aerial photography, land cadastre, forest land cadastre, forest land cadastre, for five years, aerial photography in 2013, an investigation report (whether the submission of circumstantial data of a suspect affects the establishment of the criminal facts of this case in the farmland ledger) and a reply to requests

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered, taking into consideration all factors of sentencing as shown in the arguments in the instant case, such as the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, etc., by taking into account the following factors: (a) the Defendant’s conversion area was not small in violation of the Act; (b) such a violation is considerably damaging the national territory and is also favorable to the nature of the crime; and (c) the primary crime is the primary crime; and (d)