A defendant shall be punished by imprisonment with prison labor for not more than ten 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

Around March 2016, the Defendant entered into a contract with the victim C to perform construction works to create a mushroom growing site in D forest land in Ansan-si, where the victim is the victim's ownership, and cut the ground at a height of 31 meters in height of the floor surface (the cutting of soil on the ground and lowering the ground) in accordance with the drawing permitted by the Ansan-si.

Nevertheless, on June 18, 2016, the Defendant cut more than 25-26 meters in height of the floor at the above site, and was demanded from the on-site supervisor E to restore the original state of the rocks excessively collected through certification of the contents from the on-site supervisor E on June 21, 2016, but continued to cut more than 22 meters in height of the floor, while continuing to cut more than the floor height of the rocks up to the height of 22 meters, and stolen the property owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. C Complaints;

1. The defendant and his/her defense counsel asserted that the contract for construction works for mushroom growing companies, each content certification, power of attorney, each letter of attorney, each damaged field photo, a certified copy of cadastral map, a land register, each investigation report, a location map and the current status photograph, and an on-site inspection map [the defendant and his/her defense counsel are merely conducting excessive cutting work in accordance with the direction of field supervisor E, which is the victim's representative. However, according to each of the above evidence, the defendant and his/her defense counsel can be acknowledged that he/she

Therefore, we cannot accept the above argument.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- The nature of the crime of this case does not correspond to that of this case, except that of this case.