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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Any person who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. in accordance with the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and any person who intends to fell standing timber or extract or gather forest products in a forest shall obtain permission from the head of the competent Si/Gun/Gu or the head of the competent regional
Nevertheless, the Defendant, without obtaining the above permission from the competent authority on April 12, 2016, cut 249 standing timber, such as pine trees, active trees, etc., which were located in the area where the digging pool was used, and cut down 249 square meters from the 42,545 square meters of B forest land in Seosan-si, Seosan-si. In addition, the Defendant opened a access road and diverted the area.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes governing field pictures;
1. Subparagraph 1 of Article 53 of the relevant Act on the Management of Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized conversion of a mountainous district), Article 74 (1) 3 and Article 36 (1) of the Creation and Management of Forest Resources Act on criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The punishment prescribed in the summary order shall be partially reduced by taking into account the fact that the defendant's error in sentencing is against the reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, damage recovery, the defendant's age, character and conduct, environment, criminal records, circumstances of the crime, the size of standing timber cut without permission, mountainous district size used for exclusive use, circumstances after the crime, etc.