소나무재선충병방제특별법위반
The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended.
1. The decision of the court below on the summary of the grounds for appeal (the fines of two million won per fine) is too unreasonable.
2. It is recognized that the number of trees likely to be infected by pine wilt infection or infection, which the Defendants moved, has reached 176 times, and the size of such trees is not significant.
However, the Defendants appears to have the attitude of recognizing and opposing the instant crime, and Defendant A appears to have provided sprink infected trees, etc. for the purpose of experimenting the dried-out performance test of Defendant A, Defendant A only made it possible to bring about only the quantity necessary for experiment to D, and the quantity and movement of sprink infected trees, etc. are deemed to have been determined and implemented in D (the investigation record is page 58). The Defendants had the benefits from the instant crime (the investigation record is page 58).
It is difficult to see that Defendant A has no record of criminal punishment in addition to the one-time suspended sentence.
In full view of the above circumstances, Defendant A’s age, sexual conduct, environment, Defendants’ motive and background of committing the instant crime, means and consequence, and all of the sentencing conditions shown in the instant records and arguments, such as the circumstances after the commission of the crime, the punishment imposed by the lower court against the Defendants is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 17(1)3 and Article 10(1)3 of the Special Act on the Prevention of Cirropical Diseases (hereinafter “Special Act on the Prevention of Ciropic Disease”), Defendant A’s selection of a fine under Article 30 of the Criminal Act.