A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Any person who intends to collect earth or stone in mountainous districts of a forest which is not a state forest shall obtain permission from the competent administrative agency for collecting earth or stone.

Nevertheless, on April 2017, the Defendant collected soil and sand from approximately 4,700 cubic meters using sculp trucks, without obtaining permission for the number of c-owned land (1,219 square meters out of the total area) in the Nam-gun B (1,907 square meters out of the total area) and a part of D-owned land (1,219 square meters out of the total area) adjacent to the Defendant, which is a preserved mountainous district.

Accordingly, the Defendant collected earth and sand without obtaining permission for gathering earth and sand from Goung-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. Each land use plan confirmation Board;

1. The damaged area;

1. Application of each statute on photographs;

1. Relevant Article 53 of the former part of Article 53 and the main sentence of Article 25 (1) of the Management of the Mountainous Districts for the Crime and the Selection of imprisonment with prison labor (Consideration of the fact that there are records of the same kind of crime, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act for protection observation;