국토의계획및이용에관한법률위반
The prosecutor's appeal is dismissed.
1. The judgment of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unfair.
2. The height and size of the land filled up without obtaining permission is reasonable, and the circumstances that do not restore the land to its original state are unfavorable to the Defendant.
However, there are extenuating circumstances for the defendant to take into account the situation in which the banking work in this case was performed, using the filled-up land as farmland, and there is no record of punishment except for minor fines prior to ten years.
In full view of the aforementioned circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the instant crime, and the circumstances after the crime, the lower court’s sentence is too unfeasible and unreasonable even if considering the various circumstances asserted by the Prosecutor.
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.