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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 8, 2012, the Defendant destroyed mountainous districts to the extent that the sum of KRW 3,649,670, KRW 338,890,560, including KRW 3,98,560, and KRW 3,988,560, in total, KRW 3,988,560 of the amount of damage to standing trees, and KRW 3,98,560 of the amount of damage to standing trees, etc., was destroyed by the following methods: (a) the Defendant did not pay expenses incurred in creating forest replacement resources with respect to KRW 2,81,00,00,000 for the place of permission for the conversion of mountainous districts, which was applied by B for the purpose of constructing a new house;
Accordingly, the Defendant did not pay expenses for forest replacement and diverted the forest area of 2,921 square meters in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police interrogation protocol of the accused, B, E, or F;
1. A survey report on the actual condition and a written estimate;
1. Application of Acts and subordinate statutes to investigation reports (Direction of re-supervision of forest replacement resource creation expenses and supplementary investigation into matters concerning recovery expenses);
1. Article 54 of the Act on Criminal facts and the latter part of Article 19 (2) 1 of the Management of Mountainous Districts Act that choose to impose punishment;
1. Article 62 (1) of the Criminal Act (including the fact that a mountainous district exclusively used is restored to its original state after restoration work, the circumstances leading to the crime in this case, and the fact that the defendant is not subject to a heavier punishment, etc.);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;