The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. The lower court’s judgment did not reach 5,256 square meters of a mountainous district used exclusively by the Defendant for the instant crime, and the fact that it was diverted from June 2009 to March 8, 2019 and the period was not shorter than that is disadvantageous to the Defendant.

However, considering the favorable circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the present case’s records and arguments, such as the fact that the Defendant is divided into one’s own crime from the investigation stage to the depth of the party, the Defendant exempted from the obligation to restore the area of 5,256 square meters, and the Defendant completed the restoration of the remaining 801 square meters in depth, and the Defendant completed the restoration of the area of 4,455 square meters; the Defendant has no record of criminal punishment or criminal punishment exceeding the fine for the same crime; and the Defendant’s age, sex, environment, motive, means and consequence of the crime.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. As to the facts constituting an offense, pertinent Article 53 subparag. 1 of the Act on the Management of Mountainous Districts and Articles 14(1) main sentence (unauthorized mountainous districts) of the Act on the Management of Mountainous Districts (unauthorized mountainous districts), Articles 70(1) and 69(2) of the Criminal Act, taking into account the various circumstances constituting the conditions for sentencing prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the Disposition shall be determined.