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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
A person who intends to convert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of mountainous districts specified by Presidential Decree, size, etc.
Nevertheless, on July 2018, the Defendant converted a mountainous district of approximately KRW 4,864 square meters (forest recovery cost of KRW 19,636,410) to a mountainous district owned by the Defendant in Seocho-gun, Mannam-gun B without obtaining permission for conversion of a mountainous district.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to report criminal land reports, actual situation surveys, site maps, cadastral map and old location maps, plan plan plans for return, calculation table for illegal diversion of mountainous district, calculation table for damage from standing timber, investigation report for the volume of standing timber damaged areas, investigation report for the volume of standing timber in the case site, and investigation results report;
1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and the selection of imprisonment for criminal facts;
1. As to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, considering the fact that the defendant has no same criminal records and fines, or has no criminal records beyond fines, the fact that the damaged mountainous district has been restored, the circumstances favorable to the defendant are considered, and the punishment shall be determined like the order, taking into account all the conditions of sentencing as shown in the records and arguments, including the area of the damaged mountainous district, including