The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in eight months of imprisonment) is too unreasonable.

2. Each of the instant crimes is a situation unfavorable to the Defendant, where each of the instant crimes was committed with illegal diversion of mountainous districts and gathering earth and rocks, and there is a need to strictly punish the act that seriously undermines the efficient management of national land, and the area of the mountainous district exclusively used by the Defendant or the amount of earth and rocks collected is considerable.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant was merely Co-Defendant B Co-Defendant B's management director, the damage of mountainous district due to each of the crimes of this case was restored to its original state, each of the crimes of this case was deemed to have arisen from the intent to prevent secondary damage due to earth and sand collapse due to a large of 240 meters per day by the defendant, and there was no criminal conviction for the defendant, and the defendant was led to the fact that there was no criminal conviction for the same kind of crime, and the fact that the defendant led to confession and reflects against the defendant, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., the punishment imposed by the court below is somewhat inappropriate. Thus, the defendant'

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 53 subparagraph 1 of the relevant Act and Article 53 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the Management of Mountainous Districts Act (the occupation of a mountainous district without permission and the selection of a fine), subparagraph 3 of Article 53 and Article 25 (1) of the Management of Mountainous Districts Act concerning criminal facts

2. The former part of Article 37 and Article 38 of the Criminal Code among concurrent crimes.