The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (7 million won in penalty) declared by the court below.

2. The lower court, in light of the fact that the legislative purport of the Defendant’s violation of the Act is to contribute to the improvement of national health by treating wastes friendlyly, thereby contributing to environmental preservation and improving the quality of citizens’ living, or by properly treating livestock excreta, thereby preventing environmental pollution, the lower court sentenced the aforementioned punishment by taking into account the circumstances favorable to the following: (a) the Defendant was already punished on two occasions due to a violation of the Act on the Management and Use of Livestock Excreta; (b) the Defendant committed each of the instant crimes without being subject to the suspension of the execution period; (c) the Defendant’s violation at the time of each of the instant crimes; (d) the Defendant’s violation at the time of each of the instant crimes; (e) the restoration was made; (e) the amount of illegally dumped wastes was relatively large; and (e) the amount of illegally dumped wastes was not significantly exceeded; and (e) the amount of the chickens breeding facilities subject to reporting

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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 ordered as per Disposition.