국토의계획및이용에관한법률위반
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s gist of the grounds of appeal (unlawful in sentencing) that the Defendant laid down the land of 0.5m or 1.5m or above on the land of 8,177m or above without obtaining permission from the competent authority to change the form and quality of the land, and that the case is not less than that of restoration to the original state until now, the lower court’s sentence that sentenced the community service order of 2 years or 40 hours of suspension of execution in the eight-month period is too uneasible and thus, is unreasonable.
2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unfair, even if considering the circumstances alleged in the grounds of appeal, such as the area of the land whose form and quality has been altered, the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., and all the conditions of sentencing as indicated in the instant records and arguments. Therefore, the above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.