산지관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (six months of imprisonment and one year of suspended execution) of the lower court is too unreasonable.
2. Determination is an unfavorable circumstance to the Defendant that the area of the mountainous district damaged by the Defendant without reporting temporary use of the mountainous district.
On the other hand, there are more favorable circumstances such as the fact that the defendant recognized the crime of this case and reflects on the fact that the residents of the village have opened and requested a forest road to commit the crime of this case, and the fact that it appears to have reached the purpose of personal gain, and thus, it appears to have reached the crime of this case. The damaged mountainous district has completed restoration work in the defendant and B by performing restoration work in the case of the damaged mountainous district, and that the defendant has no specific criminal power except for those punished by the crime of this paper.
In addition, considering the defendant's age, character, conduct and environment, means and result of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 55 (2) of the Management of Mountainous Districts Act and the former part of Article 15-2 (2) of the Management of Mountainous Districts Act and the selection of imprisonment for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;