A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to reclaim land, alter the form and quality of land, fell trees or gather wild plants in a park area, other than a park project, shall obtain permission from the park management agency, as prescribed by Presidential Decree.

1. Around October 2015, the Defendant, without obtaining permission from the Director of the National Park Management Office B of the National Park Management Service, cut and suspended a site of approximately 360 square meters in the Gyeongnam-gun, Cheongnam-gun, a natural environment district in B national parks, using one excavation season, thereby changing the form and quality of land to at least 300 square meters.

2. The Defendant cut 27 weeks of trees, such as class trees, floor trees, etc., in forests and fields listed in paragraph (1) around October 2017, without obtaining permission from the Director of the National Park Management Office B of the National Park Service.

3. The Defendant, without obtaining permission from the Director of the National Park Management Office B of the Korea National Park Service, cut and filled up the ground by using one cirregator for the creation of a 300 square meters mar and a mushroom arable site among the forests located in paragraph (2), and changed the form and quality of the land into at least 300 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Location map;

1. On-site photographs;

1. A report on the lumbering without permission;

1. Application of statutes on land use plans;

1. Relevant Article 4 (2) of the Act on Control and Aggravated Punishment of Specific Environmental Offenses, Etc., Article 23 (1) 3 (Unauthorized Alteration of Form and Quality) of the Natural Park Act, Article 82 subparagraph 2 of the Natural Park Act, and Article 23 (1) 7 (Unauthorized-authorized punishment and choice of imprisonment) of the same Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act)

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;