The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. In light of the fact that the defendant constructed a building without the permission of the competent authority and unlawfully diverted the mountainous district of the area that has not been written over several occasions, etc., the liability for the crime is deemed to be unreasonable, on the other hand, even though it is recognized that the defendant recognized the facts charged in this case and reflects his mistake. The defendant, after the decision of the court below, restored the damaged mountainous district to its original state and received a notice of the completion of restoration from the competent authority, and there is no other criminal record except once a fine is imposed on the defendant due to other crimes, and there is no other criminal record other than once, and the defendant's age, character, character, environment, family relationship, and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 110 Subparag. 1, Article 11(1) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016); Article 53 Subparag. 1, and Article 14(1) of the Management of Mountainous Districts Act (amended by Act No. 14016, Feb. 3, 201); Articles 53 Subparag. 1, and 14(1) of the Management of Mountainous Districts

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

1. Article 62 (1) of the Criminal Act (Consideration of the favorable circumstances in the preceding);