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

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority, and a 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 and

Nevertheless, the Defendant did not obtain permission for development activities from the head of Sim Chang-gun, the competent administrative agency, without obtaining permission from the Minister of the Korea Forest Service from April 18, 2019 to April 23, 2019, performed development activities to change the form and quality of land by cutting, etc. forest land equivalent to 10,890 square meters located in Gyeongnam-gun, Gyeongnam-gun, which is a preserved mountainous district, from April 18, 2019 to April 23, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs (fields, satellites);

1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act and Article 14 (1) of the same Act on criminal facts; Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act on the National Land Planning and Utilization Act (a point of unauthorized development activities);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is a crime of converting a mountainous district and conducting development activities by cutting land into sckes without obtaining permission from the competent authority in order to create a water path for the forest owned by the Defendant. In light of the size of cut land and the legislative intent of the Mountainous Districts Management Act, and National Land Planning and Utilization Act, the Defendant need to be strictly punished.

However, under the favorable circumstances of the defendant, the fact that the defendant recognized his mistake, the damaged mountainous district was restored to its original state, and the fact that the defendant has no criminal records other than the punishment imposed on two occasions, etc., shall be considered as favorable to the defendant, and the age, environment, character and conduct, motive for the crime, means of crime.