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

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

Punishment of the crime

A person who intends to temporarily use a mountainous district in a state forest shall report to the head of the forest agency.

Nevertheless, on May 17, 2017, the Defendant created mountain paths, such as forest roads, using a scambling machine, in a state forest located in Incheon-gun, Gangwon-do, without reporting the temporary use of a mountainous district, from the size of 1,656 square meters within 1,65 square meters to the head of the forest, and made a daily use of a mountainous district for the cost of restoration of the original state to the extent equivalent to KRW 8,127,150.

Summary of Evidence

1. Partial statement of the defendant;

1. Each investigation report (1,6) (the defense counsel of the defendant) (1), ① the land maintained by the defendant is not a mountainous district as a Gun road, and ② even if mountainous district is, the road maintenance and management work performed by the defendant does not constitute temporary use of mountainous district.

According to Article 2 subparagraph 1 of the Mountainous Districts Management Act, mountain roads, work roads, etc. fall under mountainous districts, and land maintained by the defendant falls under mountainous districts. Even if the approval of military roads is publicly announced, it is considered to be included in mountainous districts under the Mountainous Districts Management Act because it falls under mountain roads, such as forest roads, work roads, etc. in light of the location, surrounding shape, etc.

In addition, according to Article 2 subparagraph 3(b)(b) of the Mountainous Districts Management Act, changing the form and quality of a mountainous district in order to use the mountainous district as forest roads, work roads, forest products transportation roads, mountain trails, mountain trails, or other similar mountain paths constitutes changing the form and quality of the mountainous district by cutting, raising, suspending, packing, etc. the land constitutes changing the form and quality of land.

It also corresponds to "temporary use of one mountainous district".

Therefore, the defendant's defense counsel's above argument cannot be accepted in its entirety).

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

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

1. The defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not have any record of crime subject to punishment for the same kind of crime, and the defendant.