The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for ten months of imprisonment, and 120 hours of community service) is too unfluent and unfair.

Judgment

In order to prevent reckless environmental damage, there is a high need to eradicate conventional unauthorized unauthorized gathering of earth and rocks, the amount of earth and stones collected by the defendant without permission is very large, and the area is very wide to 8,397 square meters in total, but the restoration has not yet been made yet.

However, it is more favorable sentencing factors such as the fact that the defendant's mistake is recognized and is against the defendant, that there is no previous conviction for the defendant, that the defendant should restore the original state to the original state in accordance with the direction of the competent authorities after the instant case, and that the appellate court has submitted a guarantee for deposit of restoration expenses to the competent authorities, etc.

In addition, considering the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment as a whole, the lower court’s punishment is not deemed unreasonable because it is too uneasible. Therefore, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.