A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. A person who intends to cut standing timber in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

On September 2016, the Defendant cut 478 square meters of saw tree (around 4,022 square meters of damaged area) using mechanical saw in Kimcheon-si, Kimcheon-si, without obtaining permission from the competent authority.

2. Any person who intends to divert a mountainous district shall obtain permission from a competent authority for the diversion of such mountainous district, specifying the purposes thereof, as prescribed by Presidential Decree;

On October 2016, the Defendant, without obtaining permission from the competent administrative authority, destroyed a total of 1,406 square meters of forests and fields, such as cutting and flating work, by breaking the boundary of the permitted land in the above 83 lots of forest land, using a scke, for the purpose of creating access roads in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A survey report on actual conditions, a location map of damaged areas, an airline of damaged areas, a degree of damaged areas, a photograph of damaged areas, a statement on the calculation of the amount of damage caused by illegal deforestation, and the application of statutes to calculate the amount of damage

1. Article 74(1)3 and Article 36(1) of the former Creation and Management of Forest Resources Act relating to facts constituting an offense; Articles 53 Subparag. 1 and 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Oct. 31, 2017); Articles 53 Subparag. 1 and 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the choice of imprisonment

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

1. The sentence shall be determined as ordered in full view of all the conditions of sentencing specified in the trial records, such as the scale of the application of the suspended sentence under Article 62(1) of the Criminal Act, the amount of damage to forests, the restoration of the original state, the violation of the Act while committing the crime, the fact that there is no criminal conviction exceeding the same kind of fine, the circumstances leading to the crime, the character and conduct of the accused