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(영문) 광주지방법원 2016.10.06 2015노3190

산지관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 4,00,000 (fine 4,000) is too unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is recognized as committing a crime and is against the law.

There is no record of punishment for the same crime.

Restoration of illegally converted mountainous districts was completed.

On the other hand, the following is disadvantageous.

The crime of this case is an illegal diversion of mountainous district without obtaining permission for conversion of mountainous district, and the nature of the crime is not good.

The area of a mountainous district illegally used is larger than 2,463 square meters.

In addition, in full view of the circumstances of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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