Defendant shall be punished by a fine of KRW 1,500,000.

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 competent administrative agency for a specified purpose.

Nevertheless, on July 2015, the Defendant, without obtaining permission to convert mountainous districts, converted mountainous districts into KRW 1,334,779, by putting the stones from the disposal of the land near the land in Macheon-si, Macheon-si, Macheon-si, in a size equivalent to 308 square meters among the forest land located in Macheon-si, Macheon-si.

Summary of Evidence

1. Legal statement of witness E;

1. On-site photographs and GIS airline photographs;

1. A land use plan;

1. Application of Acts and subordinate statutes of the Korea Forest Service, 2015 to criteria for calculation of recovery costs;

1. Article 53 subparagraph 1 of the relevant Act and Article 14 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel asserted that the act of the defendant is dismissed as it constitutes a legitimate act, since they committed the crime of this case on the grounds that the risk of flood damage exists in the forest of this case.

2. The "act that does not violate the social norms" under Article 20 of the Criminal Act refers to the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate the social norms, and thus, it should be judged individually by rationally and reasonably considering the specific circumstances. Thus, in order to recognize such a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act (Supreme Court Decision 2008Do699 Decided October 23, 2008); and (iii) Defendant.