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(영문) 춘천지방법원 2015.12.16 2014노1028
산지관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the Prosecutor damaged the 1,188 square meters of Do, 66 square meters of the facts charged at the trial of the party branch, and the Prosecutor changed the content of the 8th class of Do, 96 square meters of F forest land and D forest land, 4,300 square meters of 25,947,000 square meters of 223,440 square meters of Do, and the 223,440 square meters of Do, respectively, by cutting down the 8th class of Do, Do, F forest land and 1,334 square meters of Do, which are located in 1,300 square meters of Do, and thereby making it difficult for the court to grant permission to change the content of the 8th class of Do, which affected the 1,188 square meters of Do, Do,170,440 won of Do.”

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence acknowledged by this court is as follows. The summary of the facts constituting the crime in the judgment below and the summary of the evidence is as follows: “The Do has damaged 1,188 square meters, and 8 p.m. 4,300 square meters in Do, F.F. forest 2,966 square meters and D forest 1,334 square meters, and 5.32 square meters in Switzerland, and Do has damaged the forest damage equivalent to 26,170,40 won in Do, including 223,440 square meters in Do, and 223,440 square meters in Do, and the forest damage equivalent to 26,170,40,40 won in Do has been added to 1,188 square meters in Do, and it has been changed to 80,532 square meters in Do, which were born on that part, and it has been cited in the corresponding column under Article 369 of the Criminal Procedure Act.”

Application of Statutes

1. Criminal facts;

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