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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.06.24 2016노743
산지관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant appears to have committed the instant crime while recognizing all of the instant crimes; (b) the Defendant obtained ex post facto permission for the diversion of an unauthorized mountainous district; and (c) the fact that there was no record of punishment for the

However, the crime of this case was committed by laying down part of forest land without permission by the defendant to convert the form and quality of the mountainous district at the same time, and the construction of a structure without reporting to the competent authority. In light of the method and content of the crime, etc., the liability for the crime is not somewhat less, in light of the fact that the defendant changed the form and quality of the mountainous district without permission or was considerably wided with the area of 3,506 square meters for the exclusive use, and the construction of the unreported structure was not restored to the original state. The court below has already determined punishment by fully considering all the circumstances, such as the fact that there is no change of circumstances that may vary between the original court and the punishment, and other unfavorable circumstances, such as the defendant's age, sex behavior, environment, method and circumstance of the crime, circumstances after the crime, and criminal record, etc., it cannot be deemed that the punishment imposed by the defendant is adequate and too unreasonable.

Therefore, the defendant's 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.

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