Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

Nevertheless, on September 25, 2016, the Defendant, without obtaining permission, installed a tomb with a excavating machine in North Korea-gun C and D prior to North Korea on September 25, 2016, and converted the use of approximately 130 square meters in mountainous districts.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A survey report on actual conditions;

1. Scenic photographs of illegal damaged land;

1. Application of Acts and subordinate statutes to the forest ledger and forestry map;

1. Article 53 Subparag. 1 and Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that a grave was built by changing the body of the Defendant’s mother’s funeral in the existing grave base. As such, the place where the Defendant installed such grave does not constitute mountainous district under the Mountainous Districts Management Act on the grounds that the land in the existing grave base forms the form of graveyard and miscellaneous land, and that there is no living trees, etc.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① E, a witness in the G of the Forestry Administration, present at this Court as a witness and stated in this Court that “this case’s land constitutes a mountainous district because its category is forest and field,” and “a small tree seems to form a forest, although there is no big tree around the above land at the time when seen the land as a satellite map,” and the purport that “a new head of a cemetery or a graveyard is to be installed shall obtain permission from the Administrator of the Forestry Administration, etc.” is stated to the effect that “a person shall obtain permission from the Administrator of the Forestry Administration, etc. in the event that the existing cemetery is newly installed or a graveyard is additionally installed.”