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(영문) 수원지방법원 2016.08.31 2016노1802

산지관리법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (6 months of imprisonment and 2 years of suspended execution) on the summary of the reasons for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the lower court’s judgment, and the fact that the Defendant claims for unfair reasons for sentencing has already been reflected in the sentencing grounds of the lower court’s sentencing. In full view of the various circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing is deemed appropriate, and it does not seem to go beyond the reasonable scope of discretion by being too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. 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.