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(영문) 청주지방법원 2016.01.14 2015노1138
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

2. The circumstances favorable to the defendant are as follows.

The defendant reflects his wrongness.

After the crime of this case was committed, the Defendant made efforts to restore illegally used mountainous districts.

The Defendant had no record of being punished for the same crime before committing the instant crime.

The circumstances unfavorable to the defendant are as follows:

The area of a mountainous district exclusively used by the defendant without permission to convert mountainous district is very wide.

The Defendant, as a result of the instant crime, was taking advantage of the benefit that the available area of the housing site to be newly built by the Defendant was wide.

Since forest or land is damaged once, it is impossible to restore it to its original state or requires considerable time and effort, it is necessary to punish it strictly.

In full view of the various circumstances surrounding the above defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions shown in the records and arguments of this case, the court below's punishment cannot be deemed unfair because it is too unreasonable.

The defendant's assertion is rejected.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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