산지관리법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and a fine of five million won.
The above fine shall be imposed on the defendant.
The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (the punishment of eight months, the suspended sentence of two years, the fine of ten million won) is too unreasonable. However, prior to the judgment on the grounds for appeal, the judgment of the court below, which is based on the premise of the initial indictment due to the changes in the indictment made at the trial before the judgment on the grounds for appeal, cannot be maintained any more.
Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows.
Criminal facts
The summary of the evidence and the summary of the judgment of the court below is as follows: “B” in the preceding sentence of Section 2 of the facts constituting the crime of the court below in the second sentence of the court below, “A mountainous district which is a quasi-preserveded mountainous district other than a preserved mountainous district,” and “an investigation report (an inquiry of mountainous district information in the Korea Forest Service)” is added to the summary of the evidence of the court below, and thus, it is cited
Application of Statutes
1. Article 53 subparagraph 1 of the Mountainous Districts Management Act and Article 14 (1) of the Mountainous Districts Management Act (Concurrent imposition of imprisonment with prison labor and fines) comprehensively with respect to the relevant criminal facts and the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Suspension of execution under Article 62 of the Criminal Act (the defendant does not have the same criminal record, and the defendant does not commit the same crime again;
In addition, the Act was amended by Act No. 14361 on December 2, 2016 and enforced on June 3, 2017, and the statutory penalty applied to the instant crime was reduced to “a imprisonment with prison labor for not more than seven years or a fine not exceeding 50 million won” as “a imprisonment with prison labor for not more than three years or a fine not exceeding 30 million won”, etc.
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;