Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
A person who intends to divert a mountainous district shall obtain permission from the competent authority.
Nevertheless, in order to create farmland to cultivate ginseng in the Jinanan-gun, C, D, E 7,589 square meters prior to spring 2013, the Defendant converted the use of cutting and marization work to convert the mountainous district by using a cutter and tex for the purpose of creating farmland to cultivate ginseng, without permission of the number of the Jinan-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Each report on investigation;
1. Application of each statute on photographs;
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. There is a wide area of the mountainous district exclusively used by the defendant for reasons unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, etc.
The favorable circumstances include: (a) recognizing the Defendant’s crime of this case; (b) considerable part of the mountainous districts used by the Defendant as dry field, and appears to have been used as dry field, and thus, to have suffered forest damage, compared to the naturally occurring places; (c) the Defendant planting some trees for the recovery of damage after the instant crime; (d) concluding a loan agreement on State property for cultivating some forest and fields; and (e) the primary offender who has no history of criminal punishment.
In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.