The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.

Defendant shall be punished by imprisonment for eight months.

1. Summary of grounds for appeal;

A. Of each sentencing sentence of the Defendant (as to the judgment of the court below in the first and second instances, imprisonment with prison labor for August, 200: Fines 15 million won in the court below)

B. The Prosecutor (the judgment of the court below of the second instance)’s sentencing and competition

2. The judgment of the court of first instance and the judgment of the court of second instance are sentenced to each of the judgment of the court of first instance, and the defendant and the prosecutor filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above two appeals cases. Since the crimes in the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, the part of the judgment of the court of first and second judgment

3. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance concerning the defendant is reversed, and the part concerning the defendant among the judgment of the court of first instance and the judgment of the court of second instance are reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the part concerning the defendant among the judgment of the court of first instance and the judgment below

[Reasons for the new judgment against the defendant] The summary of facts constituting an offense and evidence against the defendant recognized by the court is identical to the statements in the corresponding column of the judgment of the court of first and second instance. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development, the proviso to Article 12(1), Article 30 of the Criminal Act (the point of unauthorized Use, which is committed jointly with the Z), Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the point of violation of restricted acts in the area of restricted development) and Article 12(1) proviso (the proviso) of the Act on Special Measures for Designation and Management of Areas of Restricted Development, Article 32 subparag. 2 of the