Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

In order to divert a mountainous district, any person shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district, specifying the purpose thereof.

On June 2015, the Defendant cut 2,634 square meters out of C Forest land in Mapocheon-si, Si, Mapo-si and converted the use of mountainous districts without permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Field photographs of sites prior to illegal mountainous districts;

1. Application of Acts and subordinate statutes to surveying current status;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act and Article 14 (1) of the same Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that the area where the defendant cuts the ground for sentencing is considerably wide.

However, there are circumstances, such as that the defendant did not have the same criminal history, that the cut area of the defendant did not take measures for planting trees and afforestation in accordance with the directions of Pocheon City, and that he was engaged in restoration to the original state, and that he is endeavoring to solve the illegal state, such as acquiring the right to land for development together with the surrounding land being developed with permission for conversion of mountainous district. Therefore, all of these circumstances shall be considered, and a punishment shall be determined as per the order.