산지관리법위반
The prosecutor's appeal is dismissed.
1. The sentence (three million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
The favorable normal circumstances: (i) recognize crimes and reflects the wrongness.
② The Defendant completed an inspection of completion of restoration on the site prior to illegal mountainous districts.
③ There are extenuating circumstances in light of the developments leading up to the instant occurrence.
Unfavorable circumstances: The area of the mountainous district damaged by the defendant is wide.
In light of the following: (a) there is no change in the conditions of sentencing compared with the original judgment as the new sentencing data was not submitted in the first instance court; and (b) other factors and statutory penalty, etc., the lower court’s judgment exceeded the reasonable bounds of its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
Therefore, prosecutor's sentencing and warning cannot be accepted.
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.