A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. No person who violates the management of a mountainous district shall divert a mountainous district without obtaining permission from the head of a forest office or such;

Nevertheless, on June 2016, the Defendant used land equivalent to 1,678 square meters, which is an area not permitted by E, F, G, or H, for the said civil construction work, in a manner of cutting and banking, while performing the civil construction work to create farmland warehouses in Gwangju City, Gwangju, and Gwangju in order to create farmland warehouses.

As a result, the Defendant converted the use of mountainous districts without obtaining permission to convert mountainous districts.

2. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority;

Nevertheless, the Defendant changed the form and quality of a forest with a size of 1,678 square meters at the time and place specified in paragraph (1) by cutting and raising the forest by using a scke.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. A written accusation;

1. Application of statutes to field photographs and actual survey maps;

1. Article 53 Subparag. 1 of the relevant Act and the main sentence of Article 14(1) of the Management of the Mountainous Districts which are subject to the option of punishment (unauthorized mountainous districts) concerning the facts constituting the crime, and Articles 140 Subparag. 1 and 56(1) of the National Land Planning and Utilization Act (unauthorized development acts) concerning the selection of imprisonment with prison labor;

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. Considering the favorable circumstances, such as the fact that the area of the mountainous district damaged by the instant crime for the reason of sentencing under Article 62(1) of the Criminal Act is not significant, the fact that the Defendant has restored to the original state with the approval of restoration design, and that the Defendant has no record of committing a crime exceeding the fine, the sentence is determined as per Disposition by comprehensively taking into account all the factors of sentencing as indicated in the instant trial process, including the Defendant’s age, sex behavior, living environment, and circumstances after the crime.