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 head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district specifying its use.

On August 2017, the Defendant, without permission from the competent authority, used a 150 square meters of the forest land owned by the Defendant in Namwon-si, Namwon-si, by using a digging hole, etc., and illegally diverted mountainous districts by changing the form and quality of forest land by using a board, a vinyl house, and using a plastic house.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Map of location of illegal forest damaged land, photographs of illegal forests before they are damaged, and current status map of areas where illegal forests damaged are lost;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the age of 74 years, the fact that the area of the mountainous district damaged by the defendant is relatively wide, but the defendant did not take measures of restoration to the original state until now, it is difficult to expect that measures of restoration will be taken in the future because the defendant resides in the prefabricated house in the judgment of the court, and all of the sentencing conditions specified in the argument of this case are considered.