산지관리법위반등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, and the protection of nature) is too unreasonable.
2. The judgment of the defendant recognized all of the crimes of this case and reflected, and restored the mountainous district damaged by the crime of this case to the original state, and the defendant did not have any particular criminal record in addition to the punishment of the fine.
However, the area where the defendant conducts development activities or diverts the mountainous district without permission is a substantial size.
In addition, the lower court’s sentencing is determined to be appropriate, and it does not seem unfair because it is too unreasonable, in light of the following circumstances, comprehensively takes account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as indicated in the previous theory.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.
However, since it is apparent that the application of the laws and regulations of the court below is omitted, the "applicable laws and regulations" in Article 25 (1) of the Rules on Criminal Procedure 3 of the judgment of the court below shall be corrected ex officio by adding "the pertinent provisions of the law and the choice of punishment concerning the 1.... criminal facts" to "the corresponding provisions of the law concerning the 1... criminal facts" and "each of the imprisonment options" in the end of the same paragraph shall be deleted, and "1. commercial concurrence" at the bottom of the above provision, "Articles 40 and 50 of the Criminal Act (the violation of the Act on the Management of each Mountainous District in Article 1 of the judgment of the court below, each of the violation of the National Land Planning and Utilization Act, each of the violation of the Act on the Management of each Mountainous District in Article 1 of the National Land Planning and Utilization Act, each of the more severe penalty), "1. Selection of punishment", and "each of imprisonment options" shall be added respectively