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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Any person who intends to collect earth or stone shall obtain permission to collect earth or stone from a competent authority under relevant statutes.
However, the Defendant, without obtaining permission from the competent authorities, carried out approximately 90 tons of franites, among franites, which were stored in Gyeonggi-do Forest and Forest, a quasi-preserved mountainous district owned by B, over a total of five days, including June 1, 2018, July 2, 2018, and August 2, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report, a location map, a location map, a field photograph, and a forestry register;
1. On-site photographs (Comparison after they were taken out);
1. A criminal investigation report, summary order, and application of statutes of the judgment;
1. Article 53 of the relevant Act on Criminal facts and the latter part of the main sentence of Article 53 of the Management of Mountainous Districts Act, and Article 25 (1) of the same Act (generality and choice of imprisonment);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the content and result of the instant crime, the same criminal records, etc.
However, the defendant shows his wrong attitude in his restoration to the original state.
In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, and circumstances before and after the crime, etc. shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case.