The prosecutor's appeal is dismissed.

1. The sentencing of the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the crime of this case is a case in which the defendant deceivings the victim to occupy and use the victim's land for a long time and did not pay rent, it is not good to the nature of the crime, and that it is not agreed with the victim, it is necessary to strictly punish the defendant.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant did not have any previous conviction or sentence, that there is no particular criminal record since 1991, that confessions and reflects the crime, and that it is inappropriate to impose liability for the victim to expand his/her damage only on the Defendant.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and motive of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.