A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

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 districts prescribed by Presidential Decree, such as species and areas.

그런데도 피고인은 관할 관청으로부터 산지전용허가를 받지 않은 채 2015. 6. 구체적인 날짜를 알 수 없는 무렵 포항시 북구 C에 있는 임야 1,983㎡ 중 1,074㎡, D에 있는 임야 114,248㎡ 중 약 282㎡에서 묏자리 등으로 사용하기 위하여 임야에 식재되어 있던 수목을 베어 정리하고 굴삭기로 부지를 평평하게 하여 산지를 전용하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Order to recover illegal mountainous district converted;

1. Application of Acts and subordinate statutes to investigation reports (in regard to field surveys on illegal forests damaged);

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Articles 14 (1) of the same Act and the selection of imprisonment for criminal facts;

1. Circumstances unfavorable to sentencing under Article 62 (1) of the Criminal Act: The circumstances that are favorable to the fact that the size of the mountainous district converted without permission is not small: The restoration of the damaged mountainous district was made, most of the site that was the subject of the crime is owned by the defendant, and there are circumstances that may be taken into account the motive or circumstance leading to the instant crime;