The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two months of imprisonment and fine of three million won) is too unhued and unreasonable.

Judgment

It is an unfavorable sentencing factor, such as the fact that the defendant damaged a wide area of forest with a width of 5,068 square meters for personal purposes and thus there is a great need to punish the defendant, and that the defendant did not recover a lot until 17 months have passed since the illegal mountainous district was discovered, and that the defendant did not deposit restoration expenses with the competent authorities.

However, it is a favorable factor for sentencing, such as the fact that the defendant's mistake is recognized and is against the defendant, that the defendant has no previous conviction or more than the suspension of execution, and that the defendant did not reach the complete restoration, but he tried to restore the forest by planting considerable quantity of pine trees, etc. to its original state.

In addition, considering the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment as a whole, the lower court’s punishment is not deemed unreasonable because it is too uneasible. Therefore, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.