A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

A person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts for a specified purpose, and a person who intends to lumber standing timber in a forest shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor

Nevertheless, the Defendant, without obtaining permission from the competent administrative authority, developed the forest land of KRW 5,157 square meters in Go Chang-gun B over three times on January 2015, around November 2016, and around April 2018, and converted the use of the forest of KRW 130,371,000 in the market value of landscaping trees.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A survey report on actual conditions of damage from forests, degree of damage from forests, background of damaged areas, landscape of damaged areas, volume and amount calculation report of standing timber damaged by forests, and the price of landscape trees landscaped by the Public Procurement Service (2018);

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the Act on the Establishment and Management of Forest Resources, Articles 74 (2) 2 and 36 (1) of the Creation and Management of Forest Resources Act, the selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Mountainous Districts Management Act which has heavier penalty);

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is not likely to commit a crime by clearing the forest in a very broad area owned by him/her.

However, in the case of pine trees, the execution of punishment is suspended in consideration of the fact that the defendant was depthd after extraction, that the reclaimed part was restored to the original state by rootsing grass, that the defendant has no record of punishment, etc.

In addition, the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, methods and results of the crime, and circumstances after the crime.