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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment, and eight hours of community service) is deemed unreasonable because it is too unfasible to the gist of the grounds for appeal.
2. The crime of this case requires strict punishment corresponding thereto, as it does not comply with the corrective orders of the competent authorities to change the form and quality of the land and expand buildings without permission of the competent authorities within the restricted development zones designated to prevent any disorderly expansion of cities and to conserve the natural environment.
However, in full view of the following facts: (a) the Defendant recognized the entire crime; (b) the Defendant made efforts to restore the original state to the original state; (c) the Defendant has no particular criminal history other than the two-time fine; and (d) the court below added not only the suspension of the execution of imprisonment but also the community service order; and (c) the Defendant’s age, sex and family environment, motive, means and consequence of the crime; and (d) other various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unjustifiable and unfair, and thus, the Prosecutor’s assertion is without merit.
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.