Defendant shall be punished by a fine of KRW 10,000,000.

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

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, on April 2014, the Defendant diverted the above mountainous district of a size of 1,652 square meters (around 8,026,00 won for recovery expenses) by using a refluence machine without obtaining permission for the diversion of the number of complete owners in F forest owned by C and E and one other, and the Defendant converted the above mountainous district of a size of 1,652 square meters (around 8,026,000 won for recovery expenses).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A forest register, a certified copy of forest map, and a surveying drawing of damaged land;

1. Application of Acts and subordinate statutes on the scene of damage, photographs of the affected area, and photographs for recovery from damage;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. In light of the circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, there are relatively wide areas of the mountainous district exclusively used by the defendant and the fact that the mountainous district exclusively used has not been completely restored.

The favorable circumstances include the fact that the defendant recognized his mistake and reflects his mistake, that the defendant made efforts to restore the mountainous district to the original state, and that the defendant has no record of being punished or punished beyond the fine for the same crime.

In addition to the above circumstances and the following circumstances, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.