국토의계획및이용에관한법률위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (including six months of imprisonment and two years of suspended sentence) is too unreasonable.
2. The crime of this case in light of the following: (a) the Defendant, without obtaining permission from the competent authority, fells trees by cutting away trees in mountainous districts for public interest, and performed development activities that alter the form and quality of the land by cutting the forest and laying the earth, etc. after cutting the land, etc.; and (b) the Defendant’s changing form and quality of the forest exceeds approximately 5,000 square meters, etc., the Defendant should be strictly punished.
However, on the other hand, in full view of the fact that the defendant recognized the crime of this case on the other hand, there is no past record of criminal punishment for the same kind of crime before, and the fact that the damaged mountainous district seems to have been restored to the original district when the crime of this case was committed, the circumstances of the crime of this case, the age of the defendant, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the court below's punishment is too unreasonable, and thus, the defendant's improper argument for sentencing
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 140 subparag. 1, Article 56(1)2 (a) of the National Land Planning and Utilization Act (a point of an unauthorized development act), Article 53 subparag. 1, the main sentence of Article 14(1) of the Mountainous Districts Management Act (a point of an unauthorized mountainous district), Articles 74(1)3, and 36(1) of the Creation and Management of Forest Resources Act concerning the facts constituting an offense (a point of an unauthorized felling of standing timber);
1.Article 40 of the Criminal Code of Trade and Trade.