개발제한구역의지정및관리에관한특별조치법위반
The prosecutor's appeal is dismissed.
1. The reasoning of the appeal is that the sentence of the lower court (Defendant A: a fine of KRW 10 million, Defendant B: a fine of KRW 3 million) is too uneased and unreasonable.
2. Determination
A. In full view of all the sentencing conditions, including the Defendant’s age, sexual conduct, motive for and frequency of the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too uneasy and unreasonable, in light of the favorable circumstances, such as the confession of the crime against Defendant A, the fact that there is no record of punishment exceeding the fine, the fact that the Defendant was punished for the same kind of crime, the fact that the Defendant recovered from the original state, the area and scale of the form and quality of the same crime
B. In full view of all kinds of sentencing conditions, including the Defendant’s age, sexual conduct, motive, frequency of the crime, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too uneasy and unreasonable, in light of the following circumstances: (a) the confession of the Defendant B and against the Defendant; (b) there are circumstances to be considered in the course of the crime; (c) there is no punishment exceeding the fine; and (d) the restoration to the original state without permission; and (d) the fact that the scale of tin axis
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 appeal is without merit. It is so decided as per Disposition.