A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Any 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 specifying its use.

Nevertheless, on September 2017, the Defendant used 8,269 square meters of 5,00,000 square meters in Hongcheon-gun, Hongcheon-gun, 871 square meters, which is a quasi-permanent preservation mountainous district, as a farming land, to convert the mountainous district into mountainous district without obtaining permission from the head of the forest office, etc. to convert the mountainous district

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify of a survey report on actual conditions and an order for restoration of an illegally damaged forest area;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of imprisonment with prison labor;

1. In light of the method of converting a mountainous district by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act and the size of the unauthorized mountainous district, the crime of this case is deemed to be an element of sentencing unfavorable to the Defendant, which is disadvantageous to the Defendant.

However, the fact that the Defendant appears to have recognized and reflected the instant crime, the fact that the Defendant had no record of criminal punishment before committing the instant crime since 1995, and that the Defendant was notified of the restoration of damaged forest and the completion of restoration, etc., shall be considered as factors for sentencing favorable to the Defendant. In addition, the Defendant’s age, sex behavior, environment, motive and circumstance of the instant crime, and circumstances after committing the instant crime, etc. shall be comprehensively taken into account, and the sentence as set forth in the text shall be determined.