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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall divert a mountainous district without permission or permission for change from the head of a forest agency, etc.
Nevertheless, on April 2015, the Defendant cut and filled up a mountainous district equivalent to approximately KRW 3,998 square meters in Hongsung-gun, a place, other than the original permitted area, without obtaining permission for change from Hongsung-gun, and changed the form and quality of the mountainous district.
Accordingly, the defendant diverted the mountainous district without obtaining permission from the number of Hongsung military.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Investigation reports (Listening to statements in E);
1. Application of Acts and subordinate statutes, such as a survey report on actual condition, photographs on actual condition, land register, official door, etc., and drawings;
1. Article 54 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) the Defendant changed the form and quality of a mountainous district of approximately 22,00 square meters with a mountainous district permitted to convert a mountainous district without permission; and (b) the Defendant appears to have committed the instant crime with an intentional awareness of the considerable and clear boundary; (c) thus, the nature of the crime is bad (it is not trusting the Defendant’s vindication in light of the fact that the boundary indication of the permitted mountainous district was clear, and that there was a need for boundary intrusion while the Defendant arbitrarily relocated a building. In addition, in order to restore a forest damaged by the Defendant, approximately KRW 50 million requires damage to the natural environment.
I will select the imprisonment with prison labor for the accused.
Provided, That the defendant has no record of punishment, in addition to punishment of a fine for a crime of different types on two occasions.
In addition, the defendant.