The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (20 million won in penalty) is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance trial, and where the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Once a forest is damaged, it is difficult to restore it, or requires a long time, and when considering the need for environmental preservation of the Jeju Special Self-Governing Province, etc., the fact that a strict punishment for illegal diversion of mountainous district, such as the instant crime, is disadvantageous to the Defendant is a normal situation.

However, the Defendant appears to have the attitude of recognizing and opposing the instant crime; the area of the mountainous district unlawfully used by the Defendant is relatively wide; and the Defendant is punished by a fine (10 million won) as a crime of violating the Road Traffic Act around August 2002, which was prior to the instant crime, around August 2002, the fact that there was no record of criminal punishment, etc. is favorable to the Defendant.

In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the instant crime, means and methods thereof, and all of the sentencing factors expressed in the instant records and the trial process, including the circumstances after the commission of the crime, the sentence imposed by the lower court is beyond the scope of reasonable discretion, or is too 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 appeal is without merit. It is so decided as per Disposition.