2. The crime of this case was committed by the Defendant without the permission of the competent administrative agency by creating the land of this case as a farming by using a cream, which is the public property of the Defendant, and using part of the DNA ditches, which is the public waters, as a farming by covering them with the soil. There are favorable circumstances such as that the Defendant has no record of being punished for the same crime or of being sentenced to suspension of qualification or heavier

However, the statutory penalty for the violation of the Public Property and Commodity Management Act is either imprisonment for not more than two years or a fine not exceeding 7,000,000 won, and the statutory penalty for the violation of the Public Waters Management and Reclamation Act shall be punished by imprisonment for not more than three years or by a fine not exceeding 30,000,000 won. The lower court, taking full account of the favorable circumstances as seen earlier, ordered a relatively minor fine of not more than the scope of the above statutory penalty; the Defendant’s age, character and conduct, environment, family relationship, circumstance leading the Defendant to the instant crime, means and consequence of the instant crime, etc.; and it is difficult to view that the sentence imposed by the lower court is too unreasonable in consideration of all the sentencing conditions specified in the instant records and arguments, and thus, the Defendant’s assertion is without merit.

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