개발제한구역의지정및관리에관한특별조치법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.
2. The crime of this case in the development-restricted zone is that the defendant extended the building without the permission of the competent authority within the development-restricted zone, changed the use and the form and quality of the land, and did not comply with the corrective order of the competent authority to restore it to its original state, and the nature of the crime is not weak in light of the progress and contents of the crime.
On the other hand, however, the defendant appeared to have a view to see and reflect his mistake as a first offender, and he now completed the restoration of the original state.
Considering the above circumstances unfavorable or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too uneasible and it does not seem unfair. Thus, the prosecutor's above assertion is without merit.
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.