산지관리법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The area of the E mountainous district is very wide to 16,393 square meters.
Although the defendant restored the mountainous district E, it is not deemed that the defendant completely restored the mountainous district before its conversion.
Circumstances favorable to the defendant shall be as follows:
The defendant recovered a significant portion of the E mountainous district.
The defendant recognized the crime of this case for the first time, and is against the law, and the court below also recognized the facts except the legal portion.
The crime of this case was committed in excess of the scope and purpose of the above report while the defendant reported the temporary use of the mountainous district and opened a work route, and it did not constitute a mountainous district E without any report and permission.
The defendant has served in the public office for a long time and has served in the educational community in good faith, and has no record of punishment.
In addition to the above circumstances, taking into account the character, conduct, career, environment, the background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, the lower court’s punishment is too uneasible and unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.