The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to eight months of imprisonment) is too unreasonable.

2. It is necessary to strictly punish the act of diversion of mountainous districts without permission and the act of collecting earth and stones in light of the purport of the Mountainous Districts Management Act, which promotes the public function of forests by reasonably preserving and using mountainous districts, and limits the diversion of mountainous districts by nature-friendly means

The size of the original mountainous district and the gathering of earth and stones is also reasonable.

However, the defendants recognize all of their crimes and repent.

In the trial of the party, the restoration work was completed by receiving the notification of the restoration order from the competent authorities.

The reason why the Defendant committed the crime is that the Defendant was committed by requesting construction for the diversion of a mountainous district for the creation of a grave site and was converted to a mountainous district other than the permitted area.

In full view of the above circumstances and all of the sentencing conditions as shown in the pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

The defendant's argument of sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the reasoning of the judgment below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Act and Articles 53 subparagraph 1 and 14 (1) of the Management of the Mountainous Districts which are subject to the option of punishment (unauthorized mountainous districts) concerning criminal facts, Article 53 subparagraph 3 of the Mountainous Districts Management Act, and Article 25 (1) subparagraph 2 of the main sentence (unauthorized gathering of earth and stone) of the Mountainous Districts Management Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.