However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

A person who intends to collect earth or stone in a mountainous district or a person who intends to divert a mountainous district shall obtain permission from the competent authority.

Nevertheless, from July 20, 2016 to October 20, 2016, the Defendant collected approximately 10,000 cubic meters of earth and stone from Gyeonggi-gun, Gyeonggi-do, and C, using Dabners and Makes in Gyeonggi-do, B and C, and created land for construction, such as access roads wideing a size of 6,469 square meters, and converted the use of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to an investigation report (the remittance account of the price of stone, calculation of the damaged area, and submission of drawings);

1. Relevant Article 53 of the Act concerning the facts constituting an offense, and Articles 53 subparagraph 3 and 25 (1) of the Management of the Mountainous Districts which have been selected as a penalty (referring to gathering earth and stone without permission), subparagraph 1 of Article 53 of the Mountainous Districts Management Act, and Article 14 (1) of the Mountainous Districts Management Act (referring to diversion of mountainous districts without permission), and the selection

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The amount of soil and stones collected without obtaining permission for sentencing under Article 62(1) of the Act on the Suspension of Execution is very large, and the size of the converted mountainous district is very wide, and there is no previous conviction against the defendant, and the restoration is performed and the restoration is approved by submitting the plan for restoration to the military administration, and other favorable circumstances, such as the defendant's age, sex and conduct, environment, motive, method, method, and consequence leading to the instant crime, and all other factors of sentencing as indicated in the records and arguments of the case, including the circumstances before and after the instant crime, etc., shall be determined as the sentence as ordered.