If the defendant fails to pay the above fine, 50,000 won shall be one day.

A person who intends to convert a mountainous district may obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, size, etc. of the mountainous district prescribed by Presidential Decree, but around October 17, 2013, the Defendant converted a mountainous district by raising the amount equivalent to 572 square meters of the said mountainous district at a height of 50 cm through 250 cm.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Restoration order for illegal development activities;

1. Application of Acts and subordinate statutes to field photographs and illegal status photographs;

1. Article 53 of the Management of Mountainous Districts Act and Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the act of converting mountainous districts, such as the facts stated in the criminal facts in the judgment of the defendant, constitutes a justifiable act under the Criminal Act that does not violate social rules, and thus, illegality should be avoided.

"Acts which do not violate the social norms" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and what acts are legitimate acts which do not violate the social norms, and thus, the illegality of which act is excluded should be determined individually by rationally and reasonably considering the specific circumstances, under the concrete circumstances. In order to recognize such legitimate acts, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected interests and the infringed interests, the fourth urgency, and the fifth other acts than those.