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

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.

From May 1, 2020 to May 2, 2020, the Defendant changed the form and quality of a mountainous district without permission of the competent authority, by using one refratulation machine without permission of the head of Namwon-si, the competent authority, and by using one refratulation machine without permission of the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes on the survey report, the location map of illegally damaged areas of forests, the photographs of illegal forests prior to their damage, the current view table on the side of the area where illegal forests are damaged, and additional data;

1. Relevant Article 53 of the Act and the main sentence of Article 14 (1) of the Act on the Management of Mountainous Districts and the Selection of Fines concerning facts constituting an offense;

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

1. The act of diverting a mountainous district with the reason for sentencing under Article 334(1) of the Criminal Procedure Act without permission requires prevention through appropriate punishment since it causes social losses and requires considerable time and expenses to restore the original state by damaging a forest that is a minor cause. However, considering the following factors: (a) the Defendant’s mistake is recognized; (b) the Defendant completed restoration work of a damaged mountainous district; and (c) the Defendant has no record of heavy criminal punishment exceeding the punishment imposed on the Defendant for the same kind of crime; and (d) the Defendant’s age, sexual behavior, use of the mountainous district of this case, motive for the crime, and circumstances after the crime, etc., the punishment as indicated in the instant argument shall be determined by comprehensively taking account of various sentencing factors as above.