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(영문) 대구고등법원 2013.08.29 2013노297
특정범죄가중처벌등에관한법률위반(산림)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five years of imprisonment with prison labor for three years, five years of probation, and three hundred hours of community service) is too unhued and unreasonable.

2. In 2010, the Defendant again committed the instant crime during the period of the said suspended sentence, despite being sentenced to two years of the suspended sentence due to the violation of the Creation and Management of Forest Resources Act, and was sentenced to a fine due to the violation of the Special Act on the Prevention of Cirs Disease, which is a related crime.

The crime of this case was committed by cutting down trees owned by another person two times at night under a thorough plan, and the damage to forest resources is not a good crime because it is virtually difficult to restore them.

The same shall not apply to the amount of damage, such as where the total market value of the stolen pine trees reaches KRW 13 million.

Upon the commencement of investigation into the crime of this case, the defendant escaped to the expiration of the period of probation.

These circumstances are disadvantageous to the defendant.

On the other hand, the Defendant recognized all the crimes of this case and divided the errors.

Although the degree of the defendant's crime is light, the crime of this case seems to be led by G, and the defendant seems to have a substantial benefit from the crime of this case.

The victims of the theft of this case seems to have been recovered by mutual agreement between B and the victims.

The defendant shall support a baby suffering from a disease such as high blood pressure, urology, etc. and suffering from a disease such as cerebrovascular, etc.

These circumstances are favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the scope of the recommended sentencing guidelines, including the circumstances after the commission of the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unreasonable.

3. Accordingly, the Prosecutor’s appeal is without merit.

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