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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.
1. On October 2013, the Defendant converted the form and quality of the forest to a mountainous district by cutting down 196 cel trees using digging seasons, etc. without obtaining permission from the competent administrative agency in order to create farmland on a 1,870 square meters of forest land owned by Gosung-gun C high-gun after early October 2013, the Defendant converted the use of the forest to a mountainous district by changing the form and quality of the forest by cutting down 196 cel trees and celing the floor.
2. On September 2014, the Defendant, who was exclusive of a mountainous district without permission for a police officer, newly constructed a warehouse and a house on a 460 square meters of a forest land as stated in paragraph (1) of the early Police Officer No. 1, and converted the use of a mountainous district by changing the form and quality of a forest by using a excavation season, etc. without obtaining permission from the competent administrative agency, without obtaining permission from the competent administrative agency.
3. On October 2015, the Defendant converted the form and quality of the forest to a mountainous district by cutting down 276 oman trees using a digging season, etc. without obtaining permission from the competent administrative agency, on the forest land No. 1 as stated in paragraph (1) of the Police Officers around October 2015, the Defendant converted the use of the forest land to a mountainous district by changing the form and quality of the forest by cutting down 2,630 square meters of the forest land from among
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police preparation with regard to D;
1. A survey report, a location map, a protocol of each site prior to illegal mountainous district, a forest register, a survey result map, a ledger of photographs of sites prior to illegal mountainous district, the details of investigation of damage to standing timber and photographs thereof, data on calculation standards of damage amount, and the application of statutes to the calculation report of damage amount;
1. Relevant Article 54 subparagraph 1 of the Management of the Mountainous Districts Act and Articles 14 (1) and 14 (1) of the Management of the Mountainous Districts Act, the selection of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The area of the forest that has been unlawfully diverted for the reason of sentencing under Article 62(1) of the Criminal Act is wide, the number of times of the diversion is small, the restoration of the mountainous district is completed, the permission for use of the forest that has been farmland has been obtained as farmland, and other matters.