The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and legal principles) is as follows: (a) the Defendant did not remove a fishing boat by November 10, 2015 even after the termination of the lease contract; (b) the nature of the possession does not change from the expiration of the contract to the simple possession; and (c) the Defendant can be deemed as the “use” which constitutes a temporary occupation or temporary control, or repeated use; (d) the Defendant is deemed to have occupied or used the reservoir, but the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

2. The court below found the defendant not guilty on the grounds as stated in its holding. The court below found the following circumstances and the evidence duly adopted and investigated by the court below, i.e., the defendant's arbitrary establishment of a fishing platform at D reservoir, not by arbitrarily installing a fishing platform at D reservoir, but by entering into a lawful lease contract with the Red Branch of Korea and did not remove it after the termination of the above lease contract, which is highly likely to be deemed as non-performance of civil liability. ② Even when using the facility in comparison with the occupancy and use, it must be proved that the specific purpose, i.e., the removal of the facility in this case for fishing operation, and there is no evidence to acknowledge it, the above judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the facts and misunderstanding the legal principles as alleged by the prosecutor.

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.