A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding four million won.

When the defendant does not pay the above fine.

Punishment of the crime

On May 1, 2018, the Defendant, in relation to the forest owned by the Defendant, located in Hongcheon-gun, Hongcheon-gun, the Defendant, without obtaining permission from the competent administrative agency for mountainous district conversion, set up an access road to farmland by using digging machines, etc., and created farmland by flating work, etc., and diverted farmland equivalent to approximately KRW 1,001 square meters.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report, a location map, a survey result map of cadastral status, each on-site photo, notification of an order to restore an illegally damaged forest area, a criminal investigation report (the determination of property, such as the amount of damage to an illegally damaged forest area), an average gradient survey document, and a detailed forest damaged area;

The defendant's defense counsel is merely a temporary use of a mountainous district, not a mountainous district, because the land of this case, which the defendant had been used as an access road since it was destroyed by flood damage, and thus constitutes a temporary use of a mountainous district, not a mountainous district. ② Even if the act of the defendant falls under the mountainous district conversion, it does not violate the social rules as it is aimed at securing access roads and preventing inundation from being

The argument is asserted.

(1) However, according to the evidence of the judgment, the defendant does not merely restore the land of this case to an access road, but it is reasonable to view it as diversion of a mountainous district, not temporary use of a mountainous district, since he created flatly through the cutting and banking process of cutting and utilizing agricultural products in a considerable part of the land (Article 2 of the Mountainous Districts Management Act), and the "act which does not violate social rules" under Article 20 of the Criminal Act refers to an act which is permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether a certain act constitutes legitimate act which does not violate social rules, and thus, it should be determined on an individual basis on a reasonable basis under specific circumstances, and therefore, to recognize such legitimate act, the motive or purpose of such act is to be recognized.