The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is too unreasonable that the penalty (5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the following: (a) the Defendant appears to have committed the instant crime; (b) the parking lot damaged by the Defendant was restored to its original state; (c) the Defendant had no record of having been sentenced to the same kind of crime or imprisonment or heavier punishment; and (d) the Defendant supported his child in an difficult economic situation.

On the other hand, in light of the fact that the defendant excavated the river site of a considerable area and the land of the cultural property zone using the digging season and alters the current state, the violation of the law is very serious, and the defendant damages the river site and the cultural property zone for the purpose of finding gold bars buried in the Japanese colonial era, and the motive for the crime of this case is bad, and the crime of this case seems to require strict punishment in light of the purport of the Cultural Heritage Protection Act that intends to inherit national culture by preserving cultural property.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.