The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

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 accused’s liability is less than those of citizens;

shall not be deemed to exist.

However, in full view of the following facts: (a) the Defendant has no record of crime; (b) the Defendant had been granted a license for an appropriate time in the beginning; (c) the Defendant was partially reinstated; and (d) the circumstances of the instant crime; (d) the circumstances after the instant crime was committed; and (e) the Defendant’s age, sexual behavior, environment, etc.; and (e) various sentencing conditions as shown in the instant argument are deemed unfair as the lower court’s punishment is too uneasible

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.