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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Around March 5, 2017, the Defendant: (a) cut standing timber to create a cemetery on a plot of land located in Macheon-si B (K) without obtaining permission from the competent authority on March 5, 2017; and (b) caused damage to a forest equivalent to KRW 526 square meters in a forest area by diverting standing timber; (c) created a cemetery on the relevant site cut off around April 19, 2017; and (d) created an access road to enter a cemetery site; and (e) incurred damage equivalent to KRW 22,109,293.5 (Application of KRW 13,440.3 square meters per square meter per mountainous district in 2016, based on the forest area’s forest area’s total size and KRW 1,645 square meters per farmland in a mountainous district, in order to create an access road to the graveyard site.
Summary of Evidence
1. Statement by the defendant in court;
1. Confirmation of land use plan and the ledger of forest land;
1. Application of the Act and subordinate statutes governing the site photographs of sites prior to illegal mountainous districts, the airline margin, and the site photographs of illegal mountainous districts;
1. Article 53 subparagraph 1 of the relevant Act and Articles 14 (1) of the Management of the Mountainous Districts Act concerning the facts constituting an offense and the selection of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 of the Criminal Procedure Act is against the Defendant’s attempt to commit the instant crime, and the fact that it appears that the Defendant planted forest species for restoration from the original state. In addition, the punishment as ordered shall be determined by taking into account the details of the instant crime and the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, environment, etc.