The prosecutor's appeal is dismissed.

1. The penalty (eight million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhued and unfair.

2. It is desirable to refrain from rendering a sentence that does not have any change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not have any difference with the first instance court by destroying the first instance judgment solely on the ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The lower court appears to have determined the sentence against the Defendant by taking account of the unfavorable circumstances that the Defendant had any history of punishment for a similar crime (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The lower court: (a) the Defendant’s restoration of the waste disposal place to its original state; and (b) the Defendant’s abandoned inorganic life may inflict any harm on the surrounding environment or residents’ health.

In light of the above legal principles, there was no change in the conditions of sentencing compared with the original judgment because a new sentencing data was not submitted in the trial and the court below did not have any change in the conditions of sentencing, and even in full view of the various sentencing grounds as stated by the lower court, the lower court’s sentencing was too unhued and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, prosecutor's sentencing and light allegation are 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.