1. The part of the judgment of the court below against the defendant is reversed.

2. The defendant shall be punished by imprisonment for six months;

3. Provided, That this shall not apply.

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects it, and the Defendant is the primary offender who has no record of punishment, etc. is favorable.

However, the crime of this case is a case where the defendant in collusion with A, Nice, set up a flat, etc. in the river area of the pushing ice department, and lends the land in the river area without permission from the competent authorities to the citizens who found the place, etc., and the nature of the crime is not good. Before the joint control of this case, the head of the competent authorities send official documents to the public before the joint control of this case, the defendant, who promoted through the media, neglected it for his economic interest, and led the above business to neglect it for his own economic interest, and it is necessary that the defendant's act of cutting down in the local community is repeated every year in the same form as the crime of this case by the defendant. Although the defendant was restored, the defendant was restored to its original state.

However, even after it was controlled by submitting a photograph that restored to the original state on November 3, 2016, the defendant seems not to have immediately restored to the original state for his/her own funeral, and the defendant seems to be highly likely to repeat the crime.

In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, family environment, motive and background of committing a crime, means and consequence of a crime, and the circumstances after committing a crime, the sentence imposed by the lower court against the Defendant is too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Judgment] The facts constituting an offense and summary of evidence recognized by the court and the evidence related thereto.