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

Anyone who intends to change the form and quality of land shall obtain permission from a competent authority for development activities, and a person who intends to convert a mountainous district shall obtain permission from the competent authority.

Nevertheless, the Defendant, around April 2016, carried out 5,306 square meters of forests and fields equivalent to 5,306 square meters without the permission of the competent authority in the course of the Gyeonggi-si building in Gwangju-si.

As a result, the Defendant changed the form and quality of land without obtaining permission from the competent authorities, and converted a mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The current status of survey and old map;

1. Application of statutes on site photographs;

1. Article 140 subparagraph 1 of the same Article, Article 140 and Article 56 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, and Article 140 subparagraph 1 of the same Act, subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act;

1. As to the number of concurrent crimes, reference is to be made, such as Suwon District Court Decision 2015No7370 decided April 27, 2016.

Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes all of the crimes of this case and reflects the fact that the defendant actually restored the mountainous district damaged by the crime of this case, and that the defendant has no special criminal record other than the punishment of fine.

However, when the forest is damaged once, it needs considerable effort and time even if restoration is practically impossible or restored, and the area of the forest damaged by the defendant is not large, etc., and the punishment shall be determined as ordered in consideration of the defendant's age, family environment, motive, means and consequence of the crime, circumstances after the crime, etc.