Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. A person who intends to collect earth or stone in a mountainous district in a forest, other than a state forest that violates the Management of Mountainous Districts, shall obtain permission from the head of a Si/Gun/Gu for collecting earth or stone;

Nevertheless, from March 30, 2016 to June 2016, the Defendant collected soil and stones equivalent to 690 square meters from a mountainous district (10,386 square meters) located in Kim Jong-si, without obtaining permission from the competent administrative authority, from March 30, 2016 to the early police officer.

2. Any person who intends to engage in development activities, such as gathering soil and rocks, shall obtain permission for development activities from a competent administrative agency;

Nevertheless, the Defendant, without obtaining permission from the competent authorities, collected earth and rocks equivalent to 690 bes, as described in paragraph 1.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police against D;

1. Each statement of E and F;

1. Application of each statute on a written accusation;

1. Article 53 subparagraph 3 of the Management of the Mountainous Districts Act, the main sentence of Article 25 (1) (the occupation of collecting earth and stone without permission) of the relevant Act on the facts constituting an offense, and Articles 140 subparagraph 1 and 56 (1) (the occupation of development activities without permission) of the National Land Planning and Utilization Act;

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The amount of illegally collected earth and stones is reasonable, and circumstances favorable to the continuation of a crime even after Kim Jong-si’s original restoration order: restoration of part of the mountainous district illegally collected earth and stones, there is no record of punishment for the same kind of crime, and the profits acquired by the defendant from the crime of this case are not significant, taking account of the defendant’s age, environment, sex, motive, means and consequence of the crime of this case, and all of the sentencing factors shown in the arguments of this case, such as the circumstances after the crime.