산지관리법위반등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for four months.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. In light of the result of the crime, such as the fact that the nature of the crime is very poor, and that the use of a mountainous district is not available from theft victims, without permission from the competent authority to determine the grounds for appeal, and that the area of the land where the development was conducted is about 12,00 square meters in total.
However, it appears that the defendant recognized the crime of this case and reflected against the defendant, there is no criminal record exceeding the same criminal record and suspended execution, and it appears that the defendant is trying to recover damage by obtaining confirmation of the completion of the restoration of the mountainous district which has been partially converted and the land where development activities have been performed, and in full view of the various sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, sex, environment, family relationship, family environment, the circumstances after the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.
The defendant's appeal is with merit.
3. Accordingly, the part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is reversed, and the following is decided through a new legal theory.
[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated 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. Article 6 of the Addenda to the Management of the Mountainous Districts Act (Act No. 14361, Dec. 2, 2016); Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 14361, Dec. 2, 2016); Articles 140 Subparag. 1 and 56(1) of the National Land Planning and Utilization Act (amended by Act No. 14361, Dec. 1, 2016) concerning criminal facts; Article 329 of the Criminal Act (amended by Act No. 14361, Dec. 2, 2016)