A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. A person who intends to divert a mountainous district shall obtain permission from a competent authority in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by the Enforcement Decree of the Mountainous Districts Management Act, specifying purposes thereof;

Nevertheless, from June 1, 2017 to June 26, 2017, the Defendant, without obtaining permission from the competent authorities, used the digging machine in the forest area of about 9,749m of area in the Gyeong-gun B and C, and converted the use of the digging machine to a mountainous district for the amount equivalent to 47,845,00 won for damage recovery.

2. A person who intends to cut standing timber, etc. in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent administrative agency as prescribed by the Enforcement Rules of the Creation and Management of Forest Resources Act;

Nevertheless, the Defendant felled about 350 kump trees using cump cirls without obtaining permission from the competent authorities in the time, place, etc. mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the order to attach straws, motion pictures and photographs, to suspend construction, and re-verification of whether the mountainous district has been damaged);

1. Application of Acts and subordinate statutes to survey reports on actual conditions, to check damaged areas, and to classify mountainous districts;

1. Article 53 subparagraph 1 of the relevant Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts for which punishment is determined (unauthorized mountainous districts and choice of imprisonment), Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act (unauthorized felling of standing timber and choice of imprisonment);

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. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has cut standing timber and diverted work without permission, and has diverted mountainous districts. The defendant is strictly punished on the grounds that the damaged forest area is very heavy due to the crime of this case, and that the forest is unable to recover if damaged or requires a very long time to recover from its original state.