국토의계획및이용에관한법률위반등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. In full view of the following: (a) there is a need to strictly punish unauthorized development activities, etc. for the proper utilization and development of national land, and for the conservation of the natural environment; (b) the Defendant changed the form and quality without permission and the area of mountainous district to be diverted is recognized; (c) the Defendant has restored to the original state part of the mountainous district damaged during the investigation; (d) the Defendant has completed restoration to the original state; and (e) the Defendant has completed restoration to the original state in the first instance; (e) the Defendant is the primary offender; (e) the balance between the general punishment of the same and similar cases; and (e) the Defendant’s age, sex behavior, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances after the crime, etc., all the sentencing conditions specified in the records and pleadings of the instant case,
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.