A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

Any person who intends to convert a mountainous district shall convert a mountainous district after obtaining permission therefor from the Minister of the Korea Forest Service.

그럼에도 불구하고 피고인은 2012. 8. 13.경부터 같은 달 19.경 중 3일간 피고인 소유의 부산 강서구 B에 연접해 있는 산림청장 소관의 국유림인 같은 구 C에서, 고구마를 재배하기 위하여 산림청장에게 산지전용허가를 받지 아니하고 굴삭기 1대를 임대하여 칡넝쿨을 제거한 후 땅을 고르고 경사지에 단을 만들어 3,855㎡ 면적 상당의 산지를 전용하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. A copy of the actual survey report, location map, current status map, pictures on-site investigation, and calculation report of expenses for restoration of mountainous district;

1. Copies of the information about damaged state forests, the location map, and the current status photograph;

1. A copy of a business trip report, current status map, location map, and on-site photograph;

1. Forestry register;

1. A copy of confirmation of land use plan;

1. Review and report on orders to recover areas illegally committed in national forests;

1. Reporting on orders for restoration of land diverted to illegal mountainous districts and deposit of restoration expenses;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes to investigation reports (Listening to telephone statements in public officials in charge);

1. Subparagraph 1 of Article 53 and Article 14(1) of the Management of Mountainous Districts Act (Amended by Act No. 11352, Feb. 22, 2012) concerning criminal facts

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that there is no record of punishment for the same crime, and the considerable part of the illegal-use state forests has been restored by the defendant, etc.);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;