A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended 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 to a preserved mountainous district shall obtain permission from the head of a Si/Gun/Gu, specifying the purpose of use thereof, and a person who intends to gather earth or stone in a mountainous district which is not a national forest shall obtain permission from the head of a Si/Gun/

On April 2018, the Defendant, without obtaining permission to convert mountainous districts, and permission to extract soil and rocks in Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-do, and Nam-gu, Namcheon-gu, and the Defendant, by damaging forests of approximately 2,380 square meters of forests and fields, such as grassland, cutting, and banking, for the purposes of cutting down farmland and planting soil and rocks, and collected soil and rocks equivalent to 1,435.4 cubic meters of forests.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual conditions;

1. The location map, on-site photographs of the case, a report on calculating the amount of damage, the current status of illegal mountainous districts, and aerial photography;

1. A forest ledger and a certificate of land use plan;

1. Application of Acts and subordinate statutes to investigative reports (to hear statements from persons in charge of a viewing and listening team in astronomical areas);

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts subject to the Selection of Punishment Act, and Articles 14 (1) (unauthorized mountainous districts) of the same Act, subparagraph 3 of Article 53 and Article 25 (1) of the Mountainous Districts Management Act, and the selection of imprisonment with labor for each crime;

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 reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the criminal liability is very heavy in light of the background of the instant crime, the scale and method of diversion of a mountainous district without permission, the scale of soil and stones collected without permission, the amount of damage incurred to the recovery of mountainous district caused by the instant crime, etc., and that the forest was restored to its original state;

Even if the original form is found to require a considerable time to find the original form, it is disadvantageous to the defendant.

However, it is favorable to the defendant, such as the fact that the defendant's mistake is recognized and against the defendant, the completion of restoration work for the illegally damaged mountainous district, and the first offender.

In addition, the defendant's age, sex, motive and means of the crime, and after the crime.