A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of a forest agency, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to extract earth or stone in a mountainous district which is not a national forest shall obtain permission to extract earth or stone from the relevant Mayor/Do Governor or the head of a Si/Gun/Gu according to the following classification,

From October 2016 to March 2017, the Defendant, without obtaining permission from Gwangju City, which is a mountainous district for forestry use, converted the use of mountainous districts by cutting trees and cutting earth and rocks on the land of 3,028 square meters. The Defendant collected earth and rocks equivalent to 32,179.68 cubic meters of stone and earth and sand.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, a location map, a ledger of land, a certified copy of cadastral map, a certificate of land use plan, and a list of illegally damaged areas;

1. Survey of the current status/side map/section/Crossing map, documents related to permission for development activities, basis for calculating damaged amount, application of Acts and subordinate statutes governing illegal mountainous district-only photographs;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - Determination of sentence - Six months of imprisonment, and suspended execution 2 years of imprisonment with prison labor, considering the fact that mountainous districts are preserved mountainous districts and especially protected by the Mountainous Districts Management Act; and considering the time when the damaged area of the mountainous district was considerably damaged and the development of new planting trees, etc. even after the restoration, it is inevitable to select imprisonment with prison labor.

However, considering the favorable circumstances, such as the confession of the defendant, the fact that there is no criminal history exceeding the fine or the fact that the defendant has completed the restoration of the original state in substitution, the age of the defendant.