A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district types, areas, etc. prescribed by Presidential Decree.

그럼에도 불구하고 피고인은 2018. 12.말경 전남 무안군 B, C, D, E에 있는 ㈜F 소유의 임야(지적면적 6,926㎡, 준보전산지)에서, 관할관청의 허가를 받지 아니하고 임대한 굴삭기 1대를 이용하여 칡덩굴, 잡목을 제거하고 수량 미상의 소나무 조림목을 벌채한 뒤 평탄화 작업을 하여 임야 6,926㎡ 상당에 대해 복구비 54,686,000원이 들도록 전용하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on detection of a crime district, a actual condition survey report, and a report on the area of illegal converted mountainous district by lot, cadastral map, a design for restoration of illegal mountainous district, a statement on the cost of restoration works, a statement on calculation of damage from standing timber, and a statement

1. Application of statutes on land cadastre and forest land cadastre, and illegal mountainous district photographs;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and the selection of imprisonment for criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Sentencing unfavorable circumstances: The area of the damaged mountainous district is wide, the degree of damage to the mountainous district is heavy; the restoration of the damaged mountainous district is completed; the defendant has no criminal records of the same kind of crime and fine exceeding the amount of fine; and the defendant acknowledges and reflects errors - Other conditions of sentencing specified in the arguments and records, such as the defendant's age, character and conduct, environment and family relationship;