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(영문) 청주지방법원 2013.06.13 2013노224

산지관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (three million won of fine) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The court below appears to have imposed punishment in consideration of the circumstances favorable to the defendant, such as the fact that the defendant recognized all of his errors, recognized, reflected, and divided in depth, and that he appears to have fulfilled the restoration order after receiving the restoration order from the office of Macheon-gun Office. The crime of this case is deemed to have been committed by the court below in consideration of all such circumstances. The crime of this case is committed by the defendant for diverting the mountainous district of a considerable area without the permission of the competent authority, and the nature of the crime and the circumstances of the crime are not easy, and the crime of this case requires strict punishment as it seriously undermines the efficient management of forest resources and land. In addition, considering all other circumstances that are conditions for the sentencing of this case including the defendant's age, character and behavior, environment, family relationship, etc., the punishment imposed by the court below is too unreasonable

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.