Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is the actual owner of the land D and E in Ycheon-si, and the defendant B is the head of the field management office.

Any person who intends to cut standing timber or extract or gather forest products in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional forest office.

Nevertheless, Defendant A instructed Defendant B to fill the earth around July 2012, and Defendant B, without obtaining permission from the Wancheon City market, destroyed the total amount of 13,348 square meters of forest land, including, but not limited to, cutting down trees from Wancheon-si D and E forest from July 2012 to July 2013, Defendant B, without obtaining permission from the Wancheon City.

As a result, the Defendants conspired to damage a forest with a size of at least 5,00 square meters without permission for cutting standing trees.

Summary of Evidence

1. Defendants’ legal statement

1. The statement of each police officer made to F and G;

1. The police suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes, such as photographs, official copies of notices of illegal diversion of mountainous district, old maps, cadastral survey results records, old maps and satellite photographs (illegal), satellite photographs (2006 to 2012), illegal field photographs and satellite photographs (2014 to 2007), photographs (site photographs), and written opinions;

1. Article 9(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the facts constituting an offense; Article 74(1)3 and Article 36(1) of the former Forest Resources Creation and Management Act (Amended by Act No. 12415, Mar. 11, 2014); Article 30 of the Criminal Act

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Social service Defendant A: The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is once damaged, it is impossible to restore the forest to its original state or it takes a very long time to restore the forest to its original state so it is necessary to strictly punish the act of damaging forests without permission, such as the instant crime. As such, the area of the forest damaged by the Defendants reaches 13,348 square meters without permission, and Defendant A in 2010.