The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. The judgment is a favorable situation where the defendant's illegal diversion area is not broad, the defendant's primary offender who has no record of criminal punishment, and the defendant's health status is not good and it is difficult to economic situations as a recipient of basic living benefits.

However, the illegal state of the land exclusively used for the instant mountainous district has been prolonged, and it has not been returned to the Republic of Korea until now (it refers to the state in which the Defendant transferred the ownership of the said land to another person) is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’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 (Article 25(1) of the Rules on Criminal Procedure; however, the judgment of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, which is the column for application of the Act on the Management of Mountainous Districts (amended by Act No. 41361, Dec. 2, 2016).