A defendant shall be punished by imprisonment for not less than eight 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

A person who intends to temporarily use mountainous districts for the purpose of cultivating wild vegetables or creating work shall report mountainous districts in forests that are not state forests to the head of a Si/Gun/Gu.

On November 6, 2017, the Defendant reported temporary use of the area of 1,006 square meters among 56,430 square meters of Gangwon-do B forest land and 56,430 square meters for the purpose of installing a work route and a forest management manager. However, the Defendant used a mountainous district of approximately 7,750 square meters of a size of 7,520 square meters among 56,430 square meters of forest land and 65,157 square meters of C forest and 65,157 square meters (a preserved mountainous district) without reporting temporary use to the Crossing-Gun Office from March 2018 to October 2018, the Defendant used a mountainous district of approximately 7,750 square meters of a size (a mountainous district of KRW 181,08,00,00), such as cutting and raising a mountainous district with height or depth of 50 cc or more.

Summary of Evidence

1. Defendant's legal statement;

1. - The actual survey report, the location map, and the old map;

1. - A calculation sheet of the damaged amount and a gradient calculation sheet;

1. - Each certificate of land use plan (C, B);

1. - Each forestry register and each forestry map (C, B);

1. - Public notice for acceptance of reports on temporary use of a mountainous district;

1. - Detailed statement of the calculation of restoration expenses;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Aeronautical photographs);

1. Article 55 of the Act on the Punishment of Mountainous Districts and Articles 55 and 15-2 (2) of the Management of Mountainous Districts Act and the selection of imprisonment for criminal facts;

1. Taking account of the following factors: (a) on the grounds of sentencing under Article 62(1) of the Criminal Act, the cost of restoring forests due to the instant crime reaches KRW 181,087,00; and (b) the restoration of damaged mountainous district to its original state has not been completed, the Defendant’s liability for the crime is not minor.

However, it is advantageous to the fact that the defendant reflects the crime of this case, the defendant submits a plan for restoration when paying the forest restoration deposit fee, etc., and the administrative agency in charge approves the plan for restoration, and the defendant is the first offender who has no record of criminal punishment.