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 two years from the date this judgment became final and conclusive.

Punishment of the crime

A person who intends to temporarily use a forest shall report mountainous districts in a forest which is not a national forest to the head of Si/Gun/Gu.

1. 피고인은 2020년 1월 초순경 관할관청에 신고를 하지 아니하고 보전산지인 경남 산청군 B 면적 합계 6,286㎡, 보전산지인 C 면적 합계 4,370㎡, 보전산지인 D 면적 합계 1,425㎡, 보전산지인 E 면적 합계 255㎡에서 고종시(떫은 감나무) 등을 재배하기 위하여 굴삭기를 이용하여 산지를 절토 및 성토하는 등 총 면적 12,336㎡를 산지일시사용을 하였다.

2. In January 2020, the Defendant, without filing a report with the competent authorities on January 1, 2020, temporarily used the total area of 195 square meters, such as cutting and raising mountainous districts, and creating mountain paths, in order to create a work site on a total of 120 square meters in total and a total of 75 square meters in the G area, which is a preserved mountainous district, as indicated in the foregoing paragraph (1), which is a preserved mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the actual situation survey report, location map of forest damaged area, forest geographic information and satellite photographs, field photographs, certified copies of forest land and forest land register, and written confirmation of land use plan Acts and subordinate statutes;

1. Article 55 subparagraph 2 of the Management of Mountainous Districts Act, and Article 15-2 (4) 4 and 7 of the Management of Mountainous Districts Act, the selection of imprisonment for a crime and the selection of a sentence;

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

1. In full view of the records, including the fact that the area of temporary use of a mountainous district without reporting the sentencing of Article 62(1) of the Criminal Act is significant, the reason why the defendant temporarily used the mountainous district, his/her relationship, his/her restoration to original state, and his/her old punishment has no record of special punishment, and the conditions of various sentencing as shown in the arguments of this case, the punishment shall