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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) misunderstanding of facts and misunderstanding of legal principles did not have any fact that the Defendants collected earth and rocks in K forest area since 1998, and the provisions related to the act of collecting earth and rocks under the Mountainous Districts Management Act had already been completed when the act of collecting earth and rocks was terminated, and thus the statute of limitations has already been completed. The Defendants used I which was used as a road from 1974 to 197 as a road, and the F area was damaged by the long-term rain in 1997 and was damaged by intentionally piling the waste stone, and did not intentionally damage the waste stone, the judgment of the court below which found the Defendant guilty of the facts charged in this case
(2) The sentence imposed by the lower court on the Defendants (Defendant A: a fine of KRW 20 million, Defendant B: a fine of KRW 6 million, Defendant C Co., Ltd.: a fine of KRW 20 million) is too unreasonable.
B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.
2. Determination
A. According to each evidence duly admitted and investigated by the lower court regarding the Defendants’ assertion of mistake of facts and misapprehension of legal principles, the Defendants collected earth and rocks from 11,809m2 in Gyeonggi-gun, Gyeonggi-do, G forest, 1,250m2 in size, and 137m2 in H forest beyond the scope of permission for the collection of earth and rocks. There is a large amount of 19,152m2 in the F forest, which is not permitted for the permission for the diversion of mountainous district, and the Defendants used 7,069m2 in the I forest not permitted for the diversion of mountainous district from 1974 to 1974. In addition, the Defendants collected earth and rocks from the said K without the permission for the collection of earth and rocks.