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 above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. The defendant asserts that the decision of the court below is too unreasonable because each punishment is too large, while the prosecutor asserts that the punishment of the court below of the second instance is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. As such, the lower judgment cannot be maintained.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning the facts constituting an offense, Articles 57 (2), 34 (1) (unauthorized farmland) of the Farmland Act, Articles 97 (1) 2 and 41 (3) 2 (unauthorized farmland farming business) of the Act on the Protection, etc. of Fisheries, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Act is a case where the Defendant, without permission, established a new fish farm on farmland of 32,012 square meters and operated an unauthorized farming business without permission. In light of the scale, the nature of the crime is not easy, and the restoration to the original state is not possible even until now (the sole reason for the Defendant’s assertion).