The sentence of the court below against the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

Judgment

Although considering the fact that the defendant's mistake is divided, the crime of this case is converted to 5,263 square meters in mountainous districts or farmland, and such unlawful diversion of mountainous districts or farmland requires strict punishment as an act seriously impeding the efficient management of the land. The defendant has the past record of having been sentenced to a fine of KRW 3 million due to a violation of the Creation and Management of Forest Resources Act around 2010, and restoration of the original state is deemed to have already been sufficiently considered at the court below. In full view of all the factors indicated in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., the punishment of the court below is not heavier.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.