The prosecutor's appeal is dismissed.

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is acknowledged that the Defendant, without permission, laid down 394 parts of bag trees and 262 parts of bag trees that the Defendant was living in forest and field, and set up a work having approximately KRW 2,210 square meters of bags for cutting down without reporting the temporary use of the mountainous district. In light of the number of cut trees, the number of cut trees, the area of installed work sites, the responsibility for the crime is not easy, the damaged cags have not been restored to their original state, and the fact that there was a criminal record of fines twice for the same crime.

However, considering the fact that there is no criminal conviction exceeding a fine, in particular, that there is a prior conviction for a fine since 1989, that the defendant is old, that the defendant was not guilty of the crime of this case, and that it appears that the defendant was not guilty of the crime of this case in a conclusive intent, and that other various sentencing conditions specified in the records and arguments of this case, such as character and behavior, environment, motive and means of the crime of this case, circumstances after the crime, etc., the sentence of the court below (referring to 8 months of imprisonment and 2 years of suspended sentence) is too unjustifiable and unreasonable.

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.