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A defendant shall be punished by imprisonment for six 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
1. A person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or
Nevertheless, on December 2, 2017, the Defendant changed the form and quality of land by cutting, embankinging, embankinging, and maring approximately KRW 5,500 square meters in Chungcheongnam-nam Budget Group C with no permission from the competent authority.
2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall obtain permission from the Administrator of the National Forest Service, etc. specifying its use;
Nevertheless, on December 2, 2017, the Defendant cut, embling, and embling in the area of approximately 1,537 square meters in Chungcheongnam-nam Budget-gun D without permission from the competent authority, and converted the use of mountainous districts.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E, F and G;
1. Current status map, face-to-face and photograph;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Relevant Article 140 Subparag. 1 of the National Land Planning and Utilization Act, Article 56 Subparag. 2 of the Act on the Planning and Utilization of the National Land Planning and Utilization (unauthorized change of form and quality) concerning criminal facts, Article 53 Subparag. 1 of the Mountainous Districts Management Act, and the main sentence of Article 14(1) of the Mountainous Districts Management Act (unauthorized change of the use of mountainous districts), and the selection of imprisonment, respectively;
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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances of the instant crime.
A disadvantageous condition: The fact that development activities are conducted without permission, the area of the land exclusively used for the mountainous district is wide, and the restoration procedures are not carried out: The fact that the defendant misleads himself/herself, there is no previous conviction and there is no history of punishment exceeding the fine.