산림보호법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and six months of imprisonment) is too unreasonable.
2. The Defendant: (a) committed a forest or a miscellaneous tree, etc. on a total of 11 occasions from around December 2013 to March 2017, in a physical and mental weak condition due to symptoms, such as flick, etc.
In light of the fact that the Defendant committed the instant crime with multiple times for a long time has a significant risk of causing serious damage to human life, property, and forest, and that many fire-fighting personnel and facilities have been input to extinguish fire due to the Defendant’s criminal act, and unnecessary expenses have occurred socially and nationally, the Defendant’s liability for the crime needs to be strictly punished.
However, the defendant shows that all criminal acts are recognized by the investigative agency, the area of the damaged forest, etc. is not broad, the degree of damage is relatively minor, the victims' intention that some of the victims do not want to punish the defendant, and the defendant's family is more interested in the symptoms of the defendant in the future to prevent recidivism.
In full view of the fact that social ties, such as the fact that it is relatively clear that the defendant has a relatively clear social relationship, the fact that the defendant has no record of criminal punishment, other than one time before and after a fine has been imposed, and other various sentencing conditions shown in the arguments of this case, such as the defendant's health status, economic situation, family relationship, age, sexual conduct, environment, etc., the sentence imposed by the court below is too unfair.
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 ruled again after pleading as follows.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the judgment of the court below.