특정범죄가중처벌등에관한법률위반(산림),산림자원의·조성및관리에관한법률위반
2011No40 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) and forest resources
Violation of the Creation and Management Act
Kim 00 (67******* 1********) agricultural,
Defendant
Freeboard Kim
Article 000 (Court-Appointed Ship)
Daegu District Court Decision 2010Gohap56 Decided January 14, 2011
April 14, 2011
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
The punishment sentenced by the court below is too unreasonable.
2. Determination
The Defendant reflects his mistake, and agreed with the victims. However, the instant crime is an object of wild trees of high value as landscape trees, and there is considerable time to restore forest resources once they are damaged, and it is virtually impossible to restore them to their original form. Therefore, it is highly necessary to strictly punish them from the perspective of general prevention.
In addition, even if the defendant collects pine trees outside the permitted area without permission due to new construction site of a factory, it is difficult to detect them, and the nature of the crime is not good.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Lee Jin-only -
Judges Lee Young-chul-sus
Judges Choi Jong-sung