1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for five months;

3. However, for a period of two years from the date this ruling becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (4 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The defendant and the prosecutor's arguments are examined together.

The Defendant is recognized as committing the instant crime and is against the Defendant, and the Defendant is the first offender who has no record of punishment, etc. are favorable circumstances.

However, the crime of this case is committed without permission of the competent authority by the defendant occupying and using the land in the interest river area of the State property, such as lending money to the citizens who find the place by installing a flat, etc. in the interest river area of the State property in the pushed ice, and lending it in return for money, and the nature of the crime is not good due to the use and profit-making. Before the joint control of this case, the head of the competent authority sent a public notice to him before the joint control of this case, the defendant neglected it for his economic interests, neglected the above business for his own economic interest, and led the defendant to do so, even though he promoted the above business in the same form as the crime of this case, and therefore, it is necessary to put him a light in the local community. Although the defendant restored to his original state, the defendant has restored to his original state.

However, even after it was controlled by submitting a photograph that he/she has restored to the original state on November 17, 2016, it appears that the defendant could not immediately restore the original state to the original state for his/her own funeral, and thus, it seems that the defendant is highly likely to repeat the crime.

In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, family environment, motive and background of committing a crime, means and consequence of a crime, and the circumstances after committing a crime, the sentence imposed by the lower court against the Defendant is too unreasonable.

3. As such, the prosecutor’s appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act.