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

Any person who intends to temporarily use a mountainous district for cultivating ornamental forest plants, such as landscape trees and wild flowers (limited to cases where it is accompanied by changes in the form and quality of at least 50 cm in height and depth from the ground surface through banking or cutting of ground, etc.) shall file a report on the temporary use of a mountainous district with the competent authority.

Nevertheless, on July 5, 2020, the Defendant temporarily used a mountainous district without filing a report on temporary use of the mountainous district by cutting off the ground by using a excavation cutting machine in order to grow vacant red in the aggregate of 4,283 square meters of the forest land B and C forest land in 4,283 square meters in South and North High interest-gun and C forest land.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of all the sources of land use planning and registered matters;

1. A survey report, on-site location map, on-site drone survey - calculation of damaged area, application of statutes on field photographs;

1. Article 55 subparagraph 12 of the relevant Act and Article 15-2 (4) 4 of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense (excluding punishment);

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 is based on an unfavorable sentencing factor that the area of the temporarily used mountainous district reaches 4,238 square meters without filing a report by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act. The fact that the Defendant is undergoing an administrative procedure for the temporary use of the mountainous district after the instant case as a primary offender with no record of criminal punishment is taking account of the favorable sentencing factors. In addition, the Defendant’s punishment against the Defendant is determined by comprehensively taking into account all the sentencing factors indicated in the instant argument, including the background leading up to the instant crime, the pertinent mountainous district’s ownership, the degree of awareness of illegality, the Defendant’s age, sexual behavior, and criminal records.