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 a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree by determining its use.

Nevertheless, the Defendant diverted a mountainous district of approximately KRW 7,204 square meters from September 15, 2014 to the 17th day of the same month by means of removing pine trees and miscellaneous trees without obtaining permission from the competent authority in Seoposi C and D forest, and of conducting ground standardization work using the digging safsing machine.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation book, E’s written statement, field photograph, and damaged area map of the bookbook market;

1. A report of investigation (Attachment to the land register, etc.), land register, and a certified copy of cadastral map;

1. Investigation report (verification of expenses for restoration from the original state);

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspections);

1. Relevant Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the Mountainous Districts Management Act; Imprisonment with prison labor and a fine shall be imposed concurrently;

1. Suspension of execution: Article 62 (1) and (2) of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The circumstances favorable to the reasons for sentencing: Confirmation of restoration from original state (as of January 25, 2016), and unfavorable circumstances that have no record of the same kind or suspension of execution or more: Miscellaneous timber and land flatization: even if the name of felling land, it is necessary to severely punish illegal diversion of mountainous district for the sake of preserving the environment of Jeju Special Self-Governing Province, and the size of illegal diversion of mountainous district in this case is 7,204 square meters, and the restoration was restored to original state.

Even if there is a need for considerable time until it becomes the same as the previous damage.