Defendant shall be punished by imprisonment for six months and by a fine for 10,000,000 won.

The defendant does not pay the above fine.

Punishment of the crime

The defendant is a person who actually owns and manages D forest land in the name of the defendant C at the time of making a proposal.

A person who intends to divert a mountainous district shall obtain permission from the competent authority to determine its use, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the competent authority from September 9, 2016 to September 12, 2016, destroyed the forest with a total of 2,255 meters of square meters, including removing miscellaneous trees, grass, etc. that grow in forests and fields by using a digging pool for the purpose of creating a family cemetery in the above forest and fields, and compiling the ground after organizing the ground. The Defendant damaged the forest with a total of 2,255 meters of square meters, such as piling up stone with a length of 20 meters and a height of 1.5 meters on the access road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. One copy, respectively, of the land register and cadastral map;

1. The result of calculation of damaged area;

1. Application of each on-site photograph, on-site location and aerial photography, aerial photography, and satellite photography statutes;

1. Relevant Article 53 subparagraph 1 of the Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense (the punishment of imprisonment and a fine shall be concurrently imposed);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) and (2)

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to preserve the beautiful environment of Jeju Special Self-Governing Province for the sentencing of the order of provisional payment, and thus, it is necessary to strictly punish the illegal mountainous district for the illegal mountainous district conversion to hand over to the descendants. In light of the fact that the area of the illegal mountainous district of this case is not smaller than 2,255 square meters, the defendant needs to make a sentence corresponding thereto.

However, the execution of the sentence is to be suspended in consideration of the fact that the defendant has no special criminal history, the restoration of the original status has been completed, the elderly, etc.