A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

A person who intends to collect earth or stone in a mountainous district within a forest shall obtain permission from the competent administrative agency for collecting earth or stone, as prescribed by Presidential Decree.

Nevertheless, from September 2015 to November 2016, the Defendant collected soil and rocks equivalent to 5,600 cubic meters from September 1, 2015, in order to use in a place necessary for village residents without obtaining permission from the competent authorities, from the mountainous district 7,444 square meters located in Da, D, and E in the former North Jinan-gun, Da, and E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Application of the Act and subordinate statutes to the investigation report (Evidence 5);

1. Article 6 of the Addenda to the Management of the Mountainous Districts Act (Amended by Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 3 and Article 25(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016) concerning criminal facts

1. Taking into account the following circumstances: (a) the act of collecting earth and stones without permission of the instant case on the ground of sentencing for alternative sentence of imprisonment with prison labor; (b) the area of collecting earth and stones and the volume of collecting earth and stones; and (c) the Defendant’s failure to restore the original state to the original state for a considerable period; and (d) the degree of undermining the major legislative purpose of the Mountainous Districts Management Act

Therefore, it is inevitable to strictly punish the defendant.

Although the Defendant led the Defendant to commit a crime and promised to recover from the original state the F to the end of this year, the Defendant did not comply with it. However, the Defendant conspiredd and led the Defendant to commit a crime beyond the actual act of collecting and transporting soil and rocks according to the direction of the Defendant.

There is no evidence to view.

The punishment as ordered shall be determined by taking into account the above circumstances and the fact that the defendant's mistake is recognized and against the defendant, the fact that there is no record of the same crime, and all other circumstances that are conditions for sentencing, such as the age, sex, environment, etc. of the defendant, and the defendant shall not be subject to statutory detention to give the defendant an opportunity to the original sentence.