A defendant shall be punished by imprisonment for six 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

The Defendant has cultivated farmland in D, E, and F on the land owned by C after lease.

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.

Nevertheless, the Defendant did not obtain permission for mountainous district conversion from the Administrator of the Korea Forest Service.

1. The cutting of land by using digging machines for the purpose of creation of farmland in the area of G forest land of 550 square meters in Innju-si adjacent to the farmland on April 2009;

2. cut, around October 201, with the aim of creating farmland, from G forest land G 2,000 square meters adjacent to the farmland on October 201;

3. Around April 2012, in the 716th square meters of G forest land, which is adjacent to the said farmland, cut the ground by using a digging machine for the purpose of creating farmland.

Accordingly, the Defendant illegally damaged the mountainous district equivalent to the area of 3,272 square meters in total.

Summary of Evidence

1. Defendant's legal statement;

1. A aerial photography or an illegally damaged area photograph;

1. Survey maps of illegal damaged land;

1. Application of statutes confirming land cadastre, cadastral map copy, and land use plan;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and the selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence was imposed in consideration of the following: (a) although the exclusive area for sentencing under Article 62(1) of the Criminal Act is not small; (b) the primary offender is the confession and reflect of the crime; and (c) the restoration of the exclusive mountainous district to the original state is deemed to have been made.