2. The lower court determined that the Defendant was punished on a favorable basis by taking into account the following circumstances: (a) considering the fact that the nature of the crime was not somewhat unfavorable in light of the content and scale of the crime committed in a business which installs a brush on the public waters near port facilities and keeps the defense; (b) on the other hand, there is no criminal power exceeding the period of the crime; and (c) the Defendant appears to have the attitude of recognizing and opposing the mistake.

In this context, comprehensively taking account of the fact that the defendant removed the dunes established in the trial and the sentencing conditions shown in the records and arguments, the court below’s sentencing did not seem to have exceeded the reasonable scope of discretion, and the prosecutor’s assertion is without merit.

3. The prosecutor's appeal of 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.