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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. A person who intends to temporarily use a mountainous district in a mountainous district for the purposes of cultivating ornamental forest plants, such as forest roads, work roads, forest products transportation roads, forest paths, mountain trails, forest paths, and other similar mountain paths, and for cultivating ornamental forest plants, such as mountain products, medicinal herbs, medicinal herbs, medicinal trees, landscape trees, and wild flowers, shall report thereon to the competent authority;
Nevertheless, on January 2020 to January 23, 2020, the Defendant temporarily used a mountainous district on a scale of one meter in depth for the purpose of cultivating 3,480 square meters, such as Bacheon-gun B and C forest, which is a quasi-preserved mountainous district, without reporting the temporary use of the mountainous district to the head ofYcheon-gun, Gun around January 23, 2020.
2. A person who intends to collect earth and sand from 30 cubic meters up to 1,000 cubic meters from a mountainous district in a forest which is not a state forest shall file a report on collection of earth and sand with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture and Forestry, to use it for guest soil in the mountainous district of a forest which is not a state forest
Nevertheless, the Defendant did not report the gathering of earth and stones in Yacheon-gun B, Sincheon-gun, Sincheon-gun, and collected earth and sand from 850 square meters in the above mountainous district and carried it out for the purpose of entertainment.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Act and subordinate statutes to damaged survey reports and photographs;
1. Article 55 Subparag. 2 of the relevant Act and Articles 15 and 15-2 Subparag. 2 of the former Mountainous Districts Management Act (Amended by Act No. 16710, Dec. 3, 2019; hereinafter the same shall apply), Article 55 Subparag. 5 of the former Mountainous Districts Management Act and the former part of Article 25(2) of the former Mountainous Districts Management Act (amended by Act No. 16710, Dec. 3, 201; hereinafter the same shall apply), the selection of fines for criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, is not easy in that the defendant temporarily uses a mountainous district or collects soil and sand without permission.
However, the defendant completed the restoration of the original state, and the defendant.