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Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 100.
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. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree.
Nevertheless, the Defendant, without obtaining permission from the head of the forest office, which is the competent administrative agency, installed an original liquid storage tank facility with a size of 103 square meters in a mountainous district located in Gyeongnam Development-gun B from March 2009 to April 2, 2009, and installed a concrete road with a size of 141 square meters in the facility and used the same mountainous district without permission.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. On-site investigations and reports on forest damage;
1. Application of Acts and subordinate statutes to forest register;
1. Relevant Article 53 Subparag. 1 of the Act and the former part of Article 14(1) of the Mountainous Districts Management Act (amended by Act No. 10331, May 31, 2010), and selection of fines concerning criminal facts
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act does not have any record of being punished for the same crime against the defendant for the reason of the sentencing of the provisional payment order; there are circumstances for the defendant to take into account some of the circumstances leading to the crime of this case; and the fact that the mountainous district which was unlawfully used for the purpose of restoring it to its original state while the trial is in progress, etc. shall be determined by taking into account the favorable circumstances for the defendant as ordered.