산지관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence (10 million won of fine) imposed by the lower court is too unreasonable.
B. A prosecutor 1) According to the evidence submitted by the prosecutor, despite the fact-finding (not guilty part) the defendant could be found to have had an intentional intention to leak sand, the judgment of the court below which acquitted this part of the facts charged, which affected the conclusion of the judgment. 2) The above punishment sentenced by the court below of unfair sentencing is too uneasible and unfair.
2. The judgment of the court below as follows: (a) the Defendant, among the facts charged in the instant case, leaked to the mountainous district of approximately KRW 9,981 square meters and approximately KRW 2,84 square meters in the area of approximately KRW 9,981 square meters in Ulsan-gun G, Chungcheongnam-do; (b) applied for the amendment of an indictment to delete the part; and (c) the subject of the judgment changed by this court’s permission; and (d) the judgment of the court below was no longer maintained.
3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's assertion of mistake and the prosecutor's assertion of unfair sentencing, and without examining each of the defendant's respective arguments of unfair sentencing, and it is again decided as follows.
Criminal facts
The Defendant, who actually operates a corporation D, is a person who has overall control over the collection of earth and rocks at the work site where D obtained permission to collect earth and rocks from the competent administrative agency, with respect to the forest land of 37,438m2, 11,785m2 among forest land in F, and 55,770m2 among forest land in G, the Defendant is a person who has overall control over the collection of earth and rocks at the work site where D is working.
Where a person who has obtained permission to collect earth or stone intends to collect earth or stone beyond the permission to collect earth or stone or to create access roads, he/she shall obtain permission for change.
Nevertheless, the Defendant obtained permission for the collection of earth and rocks on March 201.