Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

A person who intends to collect earth or stone in a mountainous district of a forest, other than a state forest, shall obtain permission from the competent administrative agency for collecting earth or stone, and shall obtain permission for the change of collecting earth or stone even when he/she intends

Nevertheless, from February 4, 2017 to February 15, 2017, the Defendant mobilized pocles and trucks, etc., without obtaining permission from the competent authority, from the forests and fields located in Cheongong-gun B, Gyeong-gun, Gyeongbuk-gun, and collected a volume of 4,484 cubic meters in 2,060 square meters of the above forests and fields.

Accordingly, the defendant collected earth and stones without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 53 subparagraph 3 of the relevant Act and the main sentence of Article 25 (1) of the Management of the Mountainous Districts of which punishment is selected for facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant collected earth and rocks within a forest without permission of the competent authority, and that the size of which is not smaller than 4,484 cubic meters is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances that serve as the conditions for sentencing specified in the records of this case, such as the Defendant’s erroneous recognition of his/her misconduct, the completion of mountainous district restoration work, the Defendant’s primary offender, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.