The prosecutor's appeal is dismissed.

1. The lower court’s sentence (eight million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The instant crime is a case where the Defendant, without permission, engaged in development activities by changing the form and quality of land and at the same time, cultivated crops by converting mountainous districts. In light of the fact that the area of the land, the form and quality of which are changed, exceeds 2,936 square meters, such crime is deemed to be minor.

shall not be required to do so.

However, in light of the following: (a) the Defendant appears to have committed a crime in the first instance trial; (b) the Defendant was punished by a fine on two occasions in 199 and 2001; (c) the Defendant did not have any other force; (d) the Defendant appears to have old age and health of 72 years; and (e) other various sentencing conditions specified in the records of this case, such as the Defendant’s character and behavior, family environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., the Defendant’s argument is without merit, and thus, is deemed unfair.

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.