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(영문) 대전지방법원 2017.06.29 2016노3468

산지관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was aware of the fact, was using an existing scamway to move scams, and did not cause damage to the forest.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion in detail on the assertion of mistake of facts, on the ground that the Defendant alleged the same assertion in the lower court, and on the ground that the lower court stated in the written judgment the Defendant’s assertion and its judgment in detail.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of mistake of facts as pointed out by the defendant.

Therefore, the defendant's above assertion is without merit.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.