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A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding thirty thousand won.
However, the above imprisonment for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Management of Mountainous Districts Act shall divert a mountainous district without obtaining permission from the competent authority;
Nevertheless, from May 2, 2015 to May 5 of the same month, the Defendant converted a mountainous district to have KRW 38,041,200 for damage recovery expenses by using equipment, such as digging machines, etc. with a sum of 8,183 square meters, 263 square meters among D forest, 214 square meters among E forest, 118 square meters among F forest, etc. with a total of 8,778 square meters, such as 8,778 square meters, from among forest land in Seopopo-si, Seopo-si, from May 2, 2015.
2. A person who intends to cut standing timber in a forest shall obtain permission from the competent authorities;
Nevertheless, the Defendant cutting standing timber at the above time and at the above place without obtaining permission to cut standing trees from the Seopopo City, the competent administrative agency, and cut down the standing timber equivalent to 630 Does, such as dives trees, which were born therein.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation reports (Attachment to details of calculation of expenses for restoration of mountainous districts);
1. Approval for investigation reports (verification of a site for restoration), suspect statements, site photographs, restoration plans, a detailed statement of restoration plans, and approval for plans for restoration of illegally converted mountainous districts;
1. On-site photographs, written statements of public officials, records of standing timber, results of surveys of damaged areas, damaged photographs;
1. Entrustment of investigation cooperation (issuance of the land ledger and cadastral map), application of the forestry register, forestry map, and statutes;
1. Relevant legal provisions and the selection of punishment for facts constituting an offense: Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (the concurrent imposition of imprisonment and fine) of the Management of Mountainous Districts Act, Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act (the unauthorized occupation of cutting standing timber and the choice of imprisonment);
1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 3, and 50 of the Criminal Act;
1. Suspension of execution: Article 62 of the Criminal Act;