The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Even though there was a record of being sentenced to suspended sentence for the same crime in 2004, again committed the crime of this case, and did not comply with the corrective order until the original trial.

On the other hand, the following conditions are favorable.

At the same time, all greenhouses constructed without permission were removed and completed restoration from the original state.

There is no history of criminal punishment other than for the same offense at the same time.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the character and conduct of the Defendant, the environment, etc. as shown in the records and arguments of the instant case, and the scope of the recommended punishment according to the sentencing guidelines, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. As 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 following is ruled after pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment, and Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, the proviso to Article 12(1) of the Act on Special Measures for Designation of Areas subject to Restriction on Development, and Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;