A defendant shall be punished by imprisonment for six 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

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.

Nevertheless, from February 2015 to March 201 of the same year, the Defendant used equipment such as 1631 square meters of Posculate, etc. to cut standing timber at the same place without obtaining permission, and cut and filled up the land, and set up the access road of 157m in width (an amount equivalent to 9m in length) and the access road of 2.7m in width and the work road of 2.7m in width (an amount equivalent to 286m in total) respectively. In addition, the Defendant constructed the housing and the warehouse (an amount equivalent to 286m in total) to which he/she runs, respectively.

Accordingly, the defendant has damaged mountainous districts to convert mountainous districts to mountainous districts for the amount equivalent to 28,973,090 won of restoration expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition and investigation report (the result of restoration of a damaged mountainous district);

1. Article 53 subparagraph 1 of the Act applicable to the facts constituting an offense and Articles 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant applied for the approval of restoration design at the time of his/her jurisdiction for restoration to his/her original state; the mountainous district area used without permission; the defendant's age, sex behavior, environment; motive and circumstance of the crime; etc.; and the various sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, sex behavior, environment; and circumstances after the crime, etc.