The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of KRW 10 million) is too unhued and unreasonable.

Judgment

Cultural heritage protection is a major mission to promote the inheritance and improvement of national culture, and the defendant violates this duty even though he is a public official, and the crime is not weak, and the area of the crime of this case is a disadvantageous sentencing factor, such as the fact that cultural heritage is buried in many areas of the crime of this case and its value is high.

However, it is a favorable factor for sentencing, such as the fact that the defendant's mistake is recognized, the buried cultural heritage is returned, the defendant is dismissed from the public official in technical service, the defendant's workplace fees desire to take the defendant's preference against the defendant, although the defendant's responsibility, who is the captain of the exploration ship, is not weak, but does not directly conceal buried cultural heritage.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.