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(영문) 춘천지방법원 2013.07.17 2013노7

산지관리법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three years of suspended execution in one year and six months of imprisonment, and eight hours of community service) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. We examine the judgment, the defendant has no record of being punished for the same crime, the defendant completed restoration procedures against E among the land on the criminal facts of this case (hereinafter "the land of this case"), and the defendant's act of collecting earth and stones in the land of this case which is planned management area without permission in collusion with co-defendant A of the court below, and conversion the above land into mountainous area and the soil and stones illegally collected from the land of this case. Thus, the crime of this case is not less complicated in light of the size of the mountainous district which the above Gap illegally used for the purpose of cutting down the stone from the land of this case and the nature of the crime of this case, such as the fact that the above defendant was too urgent for defending the defendant rather than breaking his mistake, and the crime of false accusation is a crime infringing on the national legal interest of the public prosecutor as an appropriate exercise of trial function of the State and seriously threatening the legal stability of the defendant, and there is no need to strictly punish the defendant's motive, circumstances, etc. of the crime of this case, or there is no reason for the court below's argument that the defendant's punishment is too unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.