A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Anyone who intends to engage in development activities shall obtain permission for development activities from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Governors, or heads of Sis/Guns

Nevertheless, on March 2017, the Defendant performed the development activities falling under the alteration of the form and quality of land by raising approximately 7,964 square meters in the size of land without obtaining permission for development from the racing market, and raising about 7,964 square meters in a height of at least 2 meters.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a written statement, a site location map, a field photograph, and a written statement [the defendant continues to cultivate crops on the instant land before and after the development activities, and thus, the defendant asserts to the effect that such act does not constitute an act of altering the form and quality of land, even if he/she performed embling. Therefore, in the case of scambling and cultivation, the alteration of the form and quality of land prescribed by Presidential Decree (not accompanied by cutting and embling more than 2 meters) may not be permitted by the competent authority, but if the defendant embling more than 2 meters as in the instant case for cultivation, it constitutes a case where the permission of the competent authority should be obtained

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) 1 and 2 of the National Land Planning and Utilization Act concerning facts constituting an offense;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is based on various circumstances, including the background leading up to the instant crime (a banking for the recovery of typhoon damage), the area of unauthorized development activities, whether to restore to the original state, the criminal records, and other various circumstances that form the conditions of sentencing as shown in the records, such as the Defendant’s age, health status, character and behavior, environment, and circumstances after