Defendant shall be punished by a fine of KRW 2,000,000.

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

Criminal facts

The Defendant did not obtain permission from the competent authority, from July 15, 2018 to October 13, 2018, used a excavation season, etc. in the forest land B in Cheongbuk-do, the Defendant owned the Defendant, and diverted the use of a mountainous district equivalent to 673 square meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of witnesses for C;

1. Application of the relevant Acts and subordinate statutes to the practical survey report (including location map, forest damaged area map, photographic site map (including text messages));

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. The Defendant and the defense counsel asserted on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The Defendant and the defense counsel asserted to the effect that the Defendant’s act does not violate the social rules since the Defendant’s act was an act of not violating the social rules, since the Defendant’s act was committed in order to prevent the dumping of waste at the D resting place adjacent to the instant forest for a long period of up to a hundred thousand years, where waste was dumped without permission, and thus, it was difficult for wastewater

"Act which does not violate social norms" under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order, or the social ethics or social norms surrounding the act. Whether certain act is a legitimate act that does not violate social norms and thus, the illegality of the act is excluded should be determined individually and reasonably under specific circumstances. Thus, for such a justifiable act to be recognized, requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance of the legal interests of the protected interests and infringed interests, urgency, and supplementary nature that there is no other means or method other than the act, etc. shall be met.

(See Supreme Court Decision 2004Do5628 delivered on April 27, 2006, respectively.