Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of a sentence shall be deferred for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant obtained permission to temporarily use a mountainous district for the excavation and investigation of cultural heritage on August 28, 2015 and completed the period of permission to temporarily use a mountainous district on June 30, 2016, following the termination of the period of permission to temporarily use a mountainous district on June 30, 2016.

8. 24. According to the restoration plan approved by the Simsan City, the restoration work was carried out with respect to the excavated part of cultural properties, such as earth and sand and planting of trees.

Nevertheless, in order to create a warehouse site, the Defendant made the site flat by gathering soil and rocks on the above forest land and surrounding forest land, and tried to store stone in and around the forest by gathering earth and rocks in the process.

1. Where a person intends to divert a mountainous district converted to an unauthorized mountainous district, he/she shall determine its use and obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc.

From August 2016 to November 17, 2016, the Defendant cut the high part of the mountainous district by using digging machines, etc. in order to create a warehouse site with respect to the area of Asan-si, E, F forest, 9,558 square meters, which is a quasi-preserved mountainous district, from around 100 to around 17, 2016, and changed the form and quality of the mountainous district by raising a lower part of earth and sand generated in the cutting process and making the area equal to the entire forest.

2. Where it is intended to collect earth or stone in mountainous districts within a forest, other than an unauthorized state forest, the permission for gathering earth or stone shall be obtained from the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree

Nevertheless, the Defendant collected stones equivalent to 3,030 square meters in the place and place of entry in paragraph (1) without obtaining permission from the Mayor/Do Governor or the head of Si/Gun/Gu, and used them to build a stone shed around forest areas.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol (G, H, I, J, K);

1. A survey report on actual conditions of mountainous districts, known status of illegal mountainous district conversion, results from illegal forest damage caused by an application for temporary permission for use of mountainous districts, on-site photographs, soil, and rocks;