Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant shall be the chairperson of the clan B.

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.

Nevertheless, from October 2017 to about 20 days, the Defendant, without obtaining permission from the head of the forest office, decided to perform the work of repairing the existing road that was installed in the above forests and fields according to the decision of the general assembly of the clans. While ordering work to the clan G members of the same clans in order to pack concrete on the existing roads using the so-called clans, installing a waterway on the road, temporarily stop the Myeong while installing a waterway on the road, and diverting the mountainous district of 4,746 square meters in total by installing commemorative sculptures, guidance signs, and red gates.

Summary of Evidence

1. Cadastral map where the accused has made a statutory statement (as at the second public trial date), and forest damage area;

1. Application of Acts and subordinate statutes to the survey report, location map, outline map and current status photograph of forest damaged areas, and to the register of aerial photography land register;

1. Article 53 subparagraph 1 of the relevant Act concerning the facts constituting an offense and the main sentence of Article 14 (1) of the Management of the Mountainous Districts which are the option of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, recognized the facts of the instant crime, and the restoration to the part where the competent authorities ordered restoration was completed.

It did not cause direct damage to standing timber due to the defendant's crime, and the main contents of the construction work did not construct a new road only when the existing road used by neighboring residents was packed and a U-style waterway was installed.

In addition, all the sentencing factors in the trial process of this case, such as the defendant's age, sex, environment, details of the crime, and circumstances after the crime, shall be determined as ordered.