A defendant shall be punished by imprisonment for six months and a fine of five million won.

When the defendant does not pay the above fine.

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission for the use thereof from the Minister of the Korea Forest Service.

Nevertheless, on July 2014, the Defendant cut trees in Chungcheongnam-gun B, Chungcheongnam-do, without permission for mountainous district conversion, and opened a access road with a scale of 837 meters of square meters by using a digging hole and converted the mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on de facto survey reports, the location map of illegal mountainous district conversion, the field map of illegal mountainous district conversion, and the current status of illegal mountainous district conversion;

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 (Concurrent imposition of imprisonment and fines) concerning criminal facts;

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

1. Article 62 (1) and (2) of the Criminal Act (The conditions favorable to the reasons for sentencing below)

1. The Defendant, on August 25, 2006, received a summary order of KRW 500,000 as a penalty for a violation of the Management of Mountainous Districts Act on August 25, 2006, and a summary order of KRW 2 million as a fine for the same crime on September 9, 2013, in addition, the Defendant committed the instant crime of the same kind. Therefore, the Defendant should be subject to strict punishment.

However, in light of the fact that the defendant made efforts to restore the mountainous district in response to the mistake, and there are no other criminal records other than the above two times of fines, the punishment is determined as ordered by taking into account the motive and circumstances of the crime, the defendant’s age, character and conduct, occupation and property status, and the execution of the imprisonment is suspended.