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(영문) 수원지방법원 2015.05.07 2014노5223

산지관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal by the Defendant and the defense counsel is against the mistake of the Defendant, and there is no benefit from each of the crimes of this case because it is merely an employee of Jinjin Development Co., Ltd. who conducted the civil engineering work of this case, and the Defendant raises three children and is in an economically difficult situation, the sentence of the lower court imposing a fine of eight million won is too unreasonable.

2. There is no reason to view that mountainous districts used for the crime of this case were restored to their original state, and the lower court appears to have sentenced to a fine less than the summary order, taking account of the circumstances alleged in the grounds of appeal, and there is no new circumstance to specially mitigate them. In light of the motive and background of each crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and behavior and environment, as shown in the records and arguments, the lower court’s punishment cannot be deemed to be too unreasonable even considering all the circumstances alleged in the grounds of appeal. Thus, the above assertion is without merit

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