Text
The defendant is 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
On February 18, 2016, the Defendant was sentenced to a suspended sentence of two years for the violation of the Mountainous Districts Management Act and the Creation and Management of Forest Resources Act from the Busan District Court on August 201, and the judgment became final and conclusive on February 26, 2016.
1. The Defendant, from July 1, 2014 to September 25, 2014, failed to comply with the instant order by October 25, 2014, which was issued by the Director of the National Forest Management Office of Gyeyangsan, on three occasions, on the ground that he/she changed the form and quality of the Defendant’s house located in Gangseo-gu Busan Metropolitan City B, or on the mountainous district located in Gangseo-gu Busan Metropolitan City C without permission.
2. The Defendant, from February 11, 2015 to June 1, 2015, failed to comply with the above order by June 20, 2015, even though it received an order for restoration order and removal of facilities on three occasions from the head of the Yangsan National Forest Management Office, on the grounds that he/she installed the above mountainous district at the office of the Defendant as described in paragraph (1), without permission, and installed the facilities at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement prepared D and E;
1. Orders for recovery of land before illegal mountainous districts, deposits of recovery expenses, requests for promotion, and requests for promotion, respectively;
1. Removal and mooring of illegal buildings in a state forest, removal and mooring of the second, removal and mooring of the third, and official notices;
1. Each photograph;
1. The actual survey report and each investigation report;
1. Acceptance reports (Attachment of same electric records to suspects) and each written judgment;
1. Previous convictions: Inquiry into criminal history, report on investigation (Attachment of text of judgment), and application of each of the statutes governing judgment;
1. Article 55 subparagraph 10 of the relevant Act and Article 44 (1) of the Management of the Mountainous Districts Act, the selection of fines for criminal facts, and the selection of fines for negligence;
1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (the punishment shall be mitigated in consideration of the equity between cases where a judgment is rendered simultaneously with a violation of the Management of Mountainous Districts Act, etc., in which judgment
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.