1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

From December 15, 2014 to December 23, 2012 of the same year, the Defendant used 2,900 square meters of forest land for the purpose of creating an orchard in the forest owned by the Defendant, which was located in Ansan-si B, without obtaining permission from the competent authority, in accordance with the standards for calculating expenses for restoring a mountainous district (a slope of approximately 10-20 Do 119,403,00 / 10,000 square meters), thereby causing forest damage worth KRW 34,626,870.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A location map of damaged area and an observation map of damaged area;

1. Application of Acts and subordinate statutes to calculate expenses for restoring mountainous districts;

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 concerning criminal facts and the selection of punishment;

1. As the area of a mountainous district whose reason for sentencing has been damaged due to Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing following the suspended sentence), the expected recovery cost is reasonable, and it seems that the restoration has not yet been made up

However, the defendant has no record of being punished for the same crime, and shows a attitude that reflects the mistake.

In addition, in consideration of the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc., the sentence like the order was determined and the suspended execution was selected.