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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below erred in finding the Defendant not guilty of the facts charged in the instant case on the ground that the Defendant, as stated in the facts charged, could sufficiently recognize the fact that the Defendant collected earth and sand on land other than the area permitted to collect earth and sand.
2. Determination
A. The summary of the facts charged is that the Defendant is the landowner of the land of 12,276 square meters prior to C in Gunsan-si (hereinafter “instant land”).
A person who intends to collect earth or stone shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head
Nevertheless, the Defendant’s act of collecting soil and stones exceeding 1,200 square meters in a certain area of the instant land (5,382 square meters) upon obtaining permission from the Dosan-si on May 27, 2015, while performing the construction work of collecting soil and stones, was damaged by collecting soil and stones exceeding 1,200 square meters in a permission area around June 16, 2016.
B. The lower court determined that the lower court: (a) based on the evidence duly adopted and examined by the lower court; (b) (c) purchased the instant land on March 18, 2013 by the Defendant’s father and completed the registration of ownership transfer in the name of the Defendant on March 25, 2013; (b) entered into a contract for gathering earth and sand in this case with E, the title of ownership of which was in fact F around August 5, 2014. Since the ownership of the instant land was the Defendant, the contracting party was written as the Defendant; (d) the Defendant was not present at the time of entering into the contract; (d) the Defendant agreed to bear the relevant permitted costs under the instant soil and sand gathering contract; and (d) the Defendant introduced D the design office for obtaining permission as a criminal case on September 30, 2014; and (e) the procedure for obtaining permission was not duly executed.