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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant obtained approval for the completion of the restoration of mountainous districts on February 3, 2015 with respect to C (GuD), which is a preserved mountainous district, on February 2, 2017, and obtained approval for the change of use in the tourist farm on February 2, 2017.
Where a person who has obtained permission for conversion of a mountainous district intends to use such mountainous district for other purposes, he/she shall obtain approval from the competent authority.
Nevertheless, around December 2017, the Defendant used land converted to a mountainous district for another purpose by using it as a termination facility (sex party) without obtaining approval from the competent authorities.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. A written accusation;
1. E statements;
1. Location and field photo (the defendant and his defense counsel) of the land of this case on June 1, 2017 (hereinafter “instant building”)
() As to the first-class neighborhood living facilities, the use of the instant building as a religious facility (class 2 neighborhood living facilities) was permitted, and therefore, there is no need to separately alter the purpose of use under the Building Act. However, even in such a case, it violates the principle of no punishment without the law by analogying the Defendant’s violation of the instant penal provision against the Defendant’s act. Moreover, since the instant land was not used as a tourist farm as the content of approval for change of use, it cannot be deemed as “land used or used for the purpose of conversion or temporary use of mountainous district” under Article 21(1)1 of the Management of Mountainous Districts Act, and in light of the developments leading up to the occurrence of the instant case, it does not constitute “land used or used for the purpose of conversion or temporary use of mountainous district” under Article 21(1)1 of the Mountainous Districts Management Act. In addition, the Defendant asserts that there is no intention to violate the Management of Mountainous Districts Act. In other words, the Defendant obtained permission to convert a specific land,