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(영문) 광주지방법원 2014.10.15 2014노315

산지관리법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of suspended execution in four months of imprisonment and two million won of fine) is too unhued and unreasonable.

2. In light of the above circumstances, such as the fact that the area of a mountainous district used exclusively by the Defendant without permission was not smaller than approximately 4,089 square meters, on the other hand, the Defendant’s mistake was recognized and the mountainous district used exclusively to this court seems to have been restored to its original state, etc. In addition, in full view of the circumstances leading to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed unreasonable because it is too unreasonable, and the Prosecutor’s assertion is without merit.

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