The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of the grounds for appeal 1) Defendant’s punishment (7 million won penalty) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The judgment of the defendant is the primary offender, the fact that the defendant led to the confession of his mistake while making a confession of the facts charged in the instant case, and that the defendant should support his father who is not healthy, is favorable to the defendant.

On the other hand, the following facts are disadvantageous to the defendant.

The crime of this case is used as a warehouse by changing the form and quality of the land within the development-restricted zone without obtaining permission from the competent authorities, and the crime is not good.

The violation area caused by the crime of this case is very large.

The land of this case has not been restored to its original state until now.

In addition, in full view of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below is too uneasible and unfair.

Therefore, the defendant's improper argument of sentencing is without merit, and the prosecutor's improper argument of sentencing is with merit.

3. As the prosecutor’s appeal is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the decision shall be rendered again after pleading (as long as the judgment of the court below is reversed by accepting the prosecutor’s appeal, the defendant’s appeal shall not be separately dismissed in the text). [The judgment which is used again] The summary of facts constituting an offense and evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, it shall be cited as it is in accordance with

Application of Statutes

1. As to facts constituting an offense, Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for the Designation of Areas subject to Restriction on Development of Punishment and Punishment (the occupation of unauthorized Construction or Change of Use, etc.), the proviso to Article 12(1) (the occupation of unauthorized Construction or Change of Use, etc.),