산림자원의조성및관리에관한법률위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of four million won.
The above fine shall not be paid by the Defendants.
1. The summary of the grounds for appeal is unreasonable because each of the punishments of a fine of five million won imposed by the court below against the Defendants is too unreasonable.
2. The judgment is based on the following facts: (a) even though the number of standing timber the Defendants cut without permission is deemed to be considerable, it is recognized that the Defendants completed planting trees up to 20,000m2, and that the said G does not want the Defendants’ punishment; (b) Defendant A was sentenced to a suspended sentence in 1979; (c) Defendant B was sentenced to a fine in 1981 in 198; (d) Defendant B had faithfully lived with the Defendants’ age, family relations, character and character, environment, means and result; and (e) various sentencing conditions provided for in Article 51 of the Criminal Act, including the circumstances before and after the commission of the crime, etc., of the Defendants’ age, family relation, character and environment, means and consequence, etc., the sentence against the Defendants is too unreasonable. Thus, each of the above Defendants’ assertion is justified.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendants: Article 74(1)3 and Article 36(1) of the Creation and Management of Forest Resources Act, Article 30 of the Criminal Act, and the selection of fines
1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act