The sentence of sentence against the defendant shall be suspended.

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.

On April 4, 2017, the Defendant cut standing timber on the area of 350 square meters of land among the forest land in Macheon-si, Sincheon-si, the Defendant, without obtaining permission from the competent authority, and converted land to a mountainous district without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of the site prior to illegal mountainous districts, site photographs of the access roads prior to illegal mountainous districts, and GIIS aerial stations of the site prior to illegal mountainous districts, land registers, and written confirmation

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the choice of fines for criminal facts;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. In light of the reasons for sentencing under Article 59(1) of the Criminal Act (see, e.g., conditions favorable to the following), the sentence shall be suspended by taking into account the following circumstances, i.e., the Defendant’s acknowledgement of the criminal facts of this case and against his mistake; the Defendant appears to have caused the instant crime in the course of maintaining access roads to the land of this case, which is the Defendant’s spouse; the area of the mountainous district exclusively used without permission is relatively wide; the implementation of restoration measures is deemed to have been carried out; the Defendant is the first offender who is aged 73 years old and has no record of criminal punishment; and other various circumstances, which are the conditions for sentencing as indicated in the argument of this case.