소나무재선충병방제특별법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The sentence (700,000 won) imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. In order to prevent the spread of damage from pine wilt disease, punishment for the act of moving pine trees without permission is strictly necessary in light of the legislative purport of the Special Act on the Prevention of Harm from pine wilt Diseases in order to prevent the spread of damage from pine wilt disease, and the defendant retired the pine trees from the investigative agency.
However, in fact, one part of them can be used as fire fighters, and in light of the fact that it is difficult to see that the pine trees in this case were dead trees, there are unfavorable circumstances such as the fact that the nature of the crime is not good.
However, the Defendant asked village residents to cut the instant pine trees, and asked the public officials in charge of managing the instant pine trees several times, and there are favorable circumstances, such as the fact that the Defendant directly paid the instant pine trees, and that there are some circumstances to consider the background of the crime, and that there is no history of punishment for the same kind of crime.
In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of this case and all of the sentencing conditions shown in the theory of changes, the punishment sentenced by the court below is somewhat inappropriate.
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, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in 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 17, Paragraph 3, of the Special Act on the Prevention of F&D Diseases in connection with the crime at issue.