A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to divert a mountainous district shall obtain permission from the competent authority to divert the mountainous district.

Nevertheless, on June 15, 2017, the Defendant, without obtaining permission from the competent authority, converted the use of mountainous districts into mountainous districts, such as laying a fume with the size of 44 square meters in the area C, a cement package, and opening an access road.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site photographs of sites prior to illegal mountainous districts, GISOs of the sites prior to illegal mountainous districts, standard table for calculation of recovery costs in the Korea Forest Service, cases similar to the Korea Forest Service, details of response to civil petitions regarding similar cases in the Korea Forest Service, written judgments regarding access to surrounding land, ledger of land

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of the Mountainous Districts, and the selection of fines concerning facts constituting an offense;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. As such, the defendant's right to access to the surrounding land was recognized, the defendant's act constitutes a justifiable act because he has legitimate authority to establish the access road of this case.

The following circumstances, i.e., ① a person who has legitimate right to use a parcel of land, such as obtaining permission from the owner of a right to a lawsuit or the owner of a parcel of land from the owner of the parcel of land, can divert a mountainous district only with permission, etc. from the head of the relevant forest as prescribed by the Management of the Mountainous Districts Act, if the relevant parcel of land constitutes a mountainous district; ② a person who has a right to passage over the surrounding parcel of land can pass over the surrounding parcel of land if he/she is unable to reach a public road or requires excessive costs without passing over or passing over the surrounding parcel of land. If necessary, a passage to the surrounding parcel of land is a private right to establish a passage