A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a 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, etc. by setting the purpose thereof.

On April 2016, the Defendant converted a mountainous district into a total of 3,985 square meters of a total of 6 parcels in Nam-gun, C, D, E, F, and G, which was delegated by the head of the forest office without obtaining permission for the number of c,985 square meters.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Legal statement of the witness H;

1. A survey report on actual conditions;

1. Satellite photographs and field photographs;

1. Survey maps for the diversion of illegal mountainous districts by using the GPS equipment;

1. Notification of permission for the diversion of mountainous districts [the defendant did not have any awareness and intention that the defendant would be engaged in flating operations on the mountainous districts for which the defendant did not obtain permission since the working father neglected the design drawing and carried out work.]

However, in light of the progress of the flatization work of this case and the details of the involvement of the defendant, etc., known by the evidence duly adopted and investigated by this court, including the witness H testimony, the defendant had dolusence in recognizing that the defendant is engaged in the flatization work without obtaining permission on the mountainous district in the judgment, at least there was an intentional negligence which is acceptable while recognizing it.

Since the facts charged are recognized as guilty, the application of the statute applies

1. Subparagraph 1 of Article 53 of the relevant Act and the main sentence of Article 14 (1) of the said Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;