A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. by setting the purpose thereof.

Nevertheless, from May 2016 to March 2017, the Defendant extracted standing timber from May 2016 to March 2017 by using one 06 cubic meter, one d, E, F, and G 10 cubic meter, one dump truck, one 1 dump truck, and four dump truck in 10 cubic meters, without obtaining permission to convert the area of the racing market from the aggregate of 5,283 square meters among the forest land in racing.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of the criminal report, one aerial photography, three on-site photographs, one copy of the old map for the exclusive use of illegal mountainous districts, one copy of the ground plan of the current status of the exclusive use of illegal mountainous districts, one copy of the calculation of the damage amount of the illegal mountainous districts, one copy of the published report on construction and drawings, one copy of the forest register, and a copy of the register; and

1. As the statutory penalty under Article 53 of the Mountainous Districts Management Act, which was amended by Act No. 14361, Dec. 2, 2016 (amended by Act No. 14361, Jun. 3, 2017), regarding criminal facts, Article 53 of the pertinent Act and Article 53 of the Mountainous Districts Management Act regarding the selective mountainous district of punishment, is amended, the applicable law of trial, not the law, at the time of an act, shall apply. However, under the premise that each of the instant penal provisions in the records, is not preserved mountainous district, since there is no evidence to acknowledge that each of the instant mountainous districts was preserved.

Article 14 (Selection of Imprisonment) main sentence of Article 14 (1)

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence is relatively wide in the area of a mountainous district used exclusively by the defendant without permission.

However, considering the fact that the defendant is led, there is no record of the same crime, the fact that the new permission is deemed to have been obtained or the original restoration is deemed to have been obtained with regard to the significant portion of the illegal diversion, and other factors of sentencing as shown in the trial of this case, the punishment shall be determined as ordered by the same order.