산지관리법위반등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 15 million) is too unreasonable.
2. Determination
A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The circumstances asserted by the Defendant as an element favorable to sentencing in the trial of the lower court, such as the fact that the Defendant performed a restoration order of mountainous district, etc. are mostly taken place in the hearing of the lower court, and there are no other changes in circumstances related to the matters subject to sentencing after the sentence of the lower judgment.
Considering the fact that the defendant has been punished for administrative punishment such as a violation of the past Building Act, the damaged mountainous district is large and the degree of damage cannot be deemed minor, even if considering the circumstances alleged by the defendant, such as restoration work, the punishment of a fine set by the court below is recognized as the necessity for the same punishment.
(c)
In addition to the above legal principles and circumstances, the age, sex, environment, and motive and means of crimes of the defendant.