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The sentence of sentence against the defendant shall be suspended.
Reasons
Criminal facts
Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification of mountainous district types, areas, etc. for a specified purpose.
Nevertheless, on November 201, 2014, the Defendant, without obtaining permission from the competent authority, maintained the 1,634 square meters in total, including 332 square meters in Jeonbuk-gun, Jeonbuk-gun, one hundred square meters in C, 190 square meters in D, 540 square meters in D, and 572 square meters in E, for the purpose of constructing a house, and stockpiled a stone.
Accordingly, the Defendant conducted a conversion without obtaining permission for conversion of a mountainous district.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the special judicial police officer with regard to F;
1. The application of the relevant statutes to a survey report on actual status, an illegal felling map, or an on-site photograph of illegally damaged land;
1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the same Act concerning criminal facts;
1. Penalty fine of KRW 3,000,000 to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that the accused who does not have any criminal record repents his mistake and completes recovery by planting trees, etc. in the damaged area);