특정범죄가중처벌등에관한법률위반(산림)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against the Defendant (one year and six months, etc.) is too unreasonable.
B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.
2. In order to enhance the value of the real estate purchased by the defendant with his partners, the crime of this case is deemed to have been committed by diverting a mountainous district or cutting standing timber without permission, or by forging or altering a letter of consent to designation of a road, certificate of seal imprint, etc. in order to obtain a building permit. The defendant intentionally committed the above illegal act for his economic interest, and the size of the mountainous district exclusively used by the defendant and the quantity of the standing timber cut, and the defendant had the record of being sentenced to a fine twice for the same crime. However, there are unfavorable circumstances against the defendant, such as that the defendant intentionally committed the above illegal act for his own economic interest, and the defendant had the record of being sentenced to a fine twice for the same kind of crime. However, the defendant's mistake is deeply against his own mistake, and the defendant has been detained for a certain period of time, including the completion of restoration work for the mountainous district damaged by the depth, and other various sentencing conditions in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.,
The decision is judged.
[On the other hand, among the facts charged in the instant case, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) is where the origin price of the damaged forest product is at least 10 million won, and Article 9(1)1 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) provides that "a prosecutor shall be punished by imprisonment with prison labor for life or for not less than five years, if the origin price of the forest product is at least 10 million won or the damaged forest area is at least 50,000 square meters." Thus, even if the amount of reduction is reduced, the Defendant