A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Where the volume of earth or stone taken out outside the relevant area for conversion or temporary use of a mountainous district of a forest, other than a State forest, is at least 50,000 cubic meters, in the course of converting or temporarily using the mountainous district, it shall be collected after obtaining permission from the competent authority for collecting earth or stone.

From October 2017 to May 2018, the Defendant collected 50,000 cubic meters in cubic 75,317 cubic metres from 25,317 cubic metres from 25,317 cubic metres in cubic metres, on the ground that he/she was delegated with civil engineering works from E, who was granted permission to convert mountainous districts for the purpose of installation of greenhouse, and agreed to sell and replace the earth and rocks in lieu of the construction cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Earth and land cadastre;

1. Copy of documents related to permission for mountainous district conversion;

1. Application of aerial photography statutes;

1. Article 53 of the Management of Mountainous Districts Act and Article 53 of the same Act and the main sentence of Article 25 (1) of the same Act and the selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order shall choose to be sentenced to imprisonment in consideration of the fact that the amount of soil and stones taken out for the reason of sentencing under Article 62-2 of the Criminal Act is very large and the number of forces punished as a violation of the Mountainous Districts Management Act

However, the execution of punishment is suspended considering the circumstances leading to the defendant's crime, and there is room for giving the defendant an opportunity to repent finally.

In addition, the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the trial process shall be determined as ordered in comprehensive consideration.