The prosecutor's appeal is dismissed.

1. The lower court’s sentence (five million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In light of the legislative purpose of the Act on Special Measures for Designation and Management of Areas subject to Development Restriction in order to ensure a healthy living environment for urban citizens through the prevention of disorderly expansion of cities and the conservation of the natural environment surrounding cities, the liability of the accused for the crime is minor;

It can not be seen, and the fact that the land has not yet changed the form and quality has not been restored to the original state is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant recognized the Defendant’s mistake and against himself; (b) the primary offender; and (c) the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime; and (d) various sentencing conditions indicated in the records of the instant case, such as the circumstances after the commission of the crime, the Prosecutor’s assertion is without merit.

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.