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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 8,00,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. by setting the purpose thereof.
Nevertheless, on June 2017, the Defendant, without obtaining permission to convert mountainous districts, converted the mountainous districts into the mountainous districts by using cateral cutting machines for the purpose of creating farmland in the Gun, Chungcheongnambuk, which is a quasi-preserved mountainous district, and thereby, converted the mountainous districts into the mountainous districts.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to C and D;
1. A survey report on actual conditions;
1. A certified copy of the forest ledger and forestry map;
1. Application of investigative reports (report on confirmation of a quasi-preserved area) statutes;
1. Relevant Articles 53 and 14 (1) of the latter part of the Management of the Mountainous Districts Act concerning criminal facts and the selection of both imprisonment and fine for the concurrent imposition of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:
The fact that the defendant has already been punished three times or more due to the same crime with regard to the same area, and that he/she again commits the crime of this case, and is against it.