Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification of mountainous district types, areas, etc. for a specified purpose.

Nevertheless, on January 18, 2019, the Defendant converted the use of mountainous districts by changing the form and quality of the forest, such as having C create a cemetery using a drilling machine, etc., within 843m2, a preserved mountainous district, which is a preserved mountainous district, without permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. An investigation report (to Cudio recording by a heavy equipment workr);

1. Application of illegal forest damage location maps, actual sulfur survey records, photographs prior to forest damage, details of calculation of damage amount, forest land use register, and written confirmations of land use plan;

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 50 million won;

2. Determination of sentence: An act of converting a fine of KRW 3 million into a mountainous district without permission shall cause social loss by damaging a forest that is a serious cause and requires considerable time and expenses for restoration to the original state. Therefore, it is necessary to prevent such act through appropriate punishment.

The defendant has been punished several times for the same crime, and in this case, the damage to the mountainous district owned by others has caused the infringement of property rights.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized his own crime, the area of the damaged mountainous district is not broad, the completion of restoration work for the damaged mountainous district, the fact that the defendant is old and healthy conditions are not good, etc., are considered as favorable to the defendant. In addition, the various factors of sentencing, such as the motive, means and result of the crime in this case, and the situation after the crime, etc., as indicated in the argument in