A defendant shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding five million won.

When the defendant does not pay the above fine.

Punishment of the crime

Any person who intends to convert a mountainous district shall obtain permission from a competent authority according to the classification of the types, areas, etc. of the mountainous district.

Nevertheless, from around 2014 to 2017, the Defendant diverted the use of mountainous districts in a manner of cutting standing trees and raising standing trees into a cream field with a size of 8,667 square meters among forest land B in Pyeongtaek-gun, Gangwon-do, which is a quasi-preserved mountainous district, and 822 square meters among C forest land, without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, old map, and on-site photographs;

2. Application of the Act and subordinate statutes

1. Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (Concurrent Imposition of Fines) concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, developed a mountainous district of a considerable area equal to 9,489 square meters without permission for the purpose of creating farmland.

It is necessary to prevent the diversion of mountainous districts through appropriate punishment because the act of converting the mountainous districts causes social losses by damaging forests that are the precious nature, and the restoration of the mountainous districts requires considerable time and expenses.

However, considering the fact that the defendant is both aware of the crime and is against the defendant, that he is making full efforts to restore damaged mountainous district to its original state, that is the primary offender who has no record of crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant’s age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc.