The sentence of punishment against the Defendants shall be suspended separately.

Criminal facts

A person who intends to convert a mountainous district shall obtain permission from the competent authorities for a specified purpose.

1. Around May 2018, Defendant B, without obtaining permission from the competent administrative authority in Chungcheong City, converted the use of mountainous districts by installing access roads on an area of 33 square meters by using the excavation circuit and changing the form and quality of the land.

2. A around April 16, 2019, Defendant A diverted the use of mountainous districts by installing an access road to a size of 20 square meters using a excavation circuit without obtaining permission from the competent administrative agency in Chungcheongnam-si, Chungcheongnam-si, and changing the form and quality of the land.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. The actual condition survey report;

1. Victim4 map;

1. A photograph of the damaged area;

1. Application of Acts and subordinate statutes governing classification of damaged mountainous districts;

1. Defendants: Article 53 subparag. 1 of the Management of Mountainous Districts Act and the main sentence of Article 14(1) of the Act on the Management of Mountainous Districts and the selection of fines for criminal facts;

1. Defendants to be suspended from sentence: Fines of 500,000 won; and

1. Defendants to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act (the amount of money to be detained in a workhouse: KRW 100,000 per day);

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (the Defendants show the attitude of recognizing their mistakes in this court. Defendant B did not have the same criminal history, and Defendant A was not subject to criminal punishment. In addition, considering the background of the crime, the size of the mountainous district converted without obtaining permission, and the circumstances where the Defendants are making efforts to obtain permission for mountainous district conversion, as well as other factors.)