The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended sentence for six months of imprisonment, one hundred and twenty hours of community service order) is too unreasonable.

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

2. Although there are no circumstances to consider the circumstances, such as the confession of and reflects on the instant crime, the fact that the Defendant is deemed to have completed restoration to the land whose form and quality were altered, the fact that there is a need to strictly punish the act of changing the form and quality without permission for the proper utilization and preservation of the natural environment, the Defendant’s failure to implement the act of changing the form and quality without permission even before being ordered to restore to the original state several times by the competent authorities, the area of the land that has changed the form and quality without permission has not been small, the Defendant has been punished for the same kind of crime, the balance between the past and other similar cases, and the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, intelligence and environment, the motive and circumstance of the instant crime, and the circumstances after the crime, etc., the prosecutor’s assertion has merit, and the Defendant’s assertion has no merit.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act. Although the defendant's appeal is without merit, it is identical to the prosecutor's appeal and its subject is identical to the prosecutor's appeal, and the judgment of the court below is reversed.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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