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(영문) 광주지방법원 2018.01.18 2017노1434

산지관리법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. In full view of the favorable circumstances, such as the fact that the Defendant’s mistake is against the Defendant, the fact that the portion of the illegal diversion was deemed to have been restored to its original state, the fact that there was no previous conviction or fine exceeding the same kind of prior conviction or fine, or the unfavorable circumstances such as the Defendant’s illegal diversion of land and mountainous district area, the fact that the area of the land and mountainous district was considerable, and the fact that the Defendant did not restore to its original state during several years, and other unfavorable conditions for sentencing as indicated in the instant records and arguments, such as the Defendant’s age, sex, behavior, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.