산지관리법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Anyone who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree.
around March 2017, the Defendant diverted a mountainous district of approximately KRW 2,582 square meters ( KRW 1,961 square meters in preserved mountainous districts, KRW 621 square meters in mountainous districts other than preserved mountainous districts, and KRW 13,502,00 in mountainous districts: KRW 13,502,00 in mountainous districts, such as KRW 1,961 square meters in preservation mountainous districts, and KRW 2,582 in order to improve neighboring farmland and build roads without permission from the Administrator of the Korea Forest Service, etc.).
Summary of Evidence
1. Defendant's legal statement;
1. Application of the practical survey report, location map of damaged areas, observation of damaged areas, satellite photographs of damaged areas, and Acts and subordinate statutes on affected areas;
1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act and 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 sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case
The favorable circumstances: The defendant recognized his mistake, divided, has no same record, and has been restored to the original state.
In light of the legislative purpose of the Mountainous Districts Management Act, it is necessary to strictly regulate and punish the act of converting a mountainous district which is performed without permission, and the scope of damage to a forest is limited to 2,582 square meters, and no measures for restoration have been taken until now.