A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding seven thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

A person who intends to divert a mountainous district shall obtain permission from the competent authority.

On March 20, 2013, the Defendant created a mountainous district of KRW 7,000 square meters as farmland by cutting down trees, etc. located within a mountain zone within the boundary of trees in the Jeonbuk-gun B forest owned by the Defendant, and converted the mountainous district into a mountainous district of KRW 72,629,90 without permission of the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs of each forest damaged area;

1. Application of known statutes to the public announcement of the standards for calculating expenses for restoring mountainous districts;

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 imprisonment and fines) concerning criminal facts;

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

1. The reason for sentencing under Article 62(1) and (2) of the Act on the Suspension of Execution (hereinafter referred to as "the grounds for sentencing") is well aware that the Defendant is in need of permission for conversion of the same type of crime in around 2009, and it seems that the Defendant committed the instant crime in a situation where it is sufficiently foreseeable that the restoration of the original state is practically difficult due to planting at two risk trees. In light of the fact that the Defendant’s diversion of the mountainous district without permission is not small, the nature of the instant crime is inappropriate.

However, in light of all the circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, the punishment as ordered shall be determined by considering that the defendant is against the crime of this case and there is no record of criminal punishment exceeding the fine.