A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

On September 201, the Defendant: (a) obtained permission to collect earth and rocks from part of forests and fields located in the Gyeongjin-gun, Chungcheongnam-gun; (b) obtained permission to collect earth and rocks from a police officer on September 2, 201; and (c) obtained permission to collect earth and rocks from a police officer on two occasions outside the boundary of the said permitted area without obtaining permission to change the competent administrative agency; (d) extracted standing timber of 14,529,40 won in total with respect to forests and fields with a total of 1,136 square meters, including creating an access road of approximately 142 meters in length and about 5-11m

As a result, the Defendant diverted mountainous districts without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the defendant and C;

1. Statement made to C by the police statement;

1. Each description of the actual condition survey report and location map, the standard amount for calculating expenses for recovery of mountainous districts in 2011, the forest survey report, and the calculation statement of the estimated market price;

1. Application of image Acts and subordinate statutes of photographed site;

1. Article 54 of the Management of Mountainous Districts Act and the latter part of Article 25 (1) of the Management of Mountainous Districts Act that prescribe the applicable law to facts constituting an offense and punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the favorable sentencing condition among the reasons for sentencing) of the suspended sentence is that the Defendant created the access road without obtaining a permit to alter the collection of earth and rocks in order to connect the land for which permission to collect earth and rocks was obtained (5,549m2, 7,877m2, and 73,480m2, including 55,549m2, 7,877m2, and 10,054m2, etc.) and the access road to the outside. The conditions for sentencing are favorable to the area for which the permission to collect earth and rocks was obtained. The Defendant extracted the standing timber of 98m2, which is illegally used compared to the area for which the permission to collect earth and rocks was obtained, and the Defendant did not restore it to the original state until May 20, 2012. The Defendant was punished by imprisonment with prison labor for a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones on February 2, 20, 20.