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(영문) 대구지방법원 2014.06.27 2014노346
산림자원의조성및관리에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of 4 million won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the following facts are considered to be unfair: (a) the forest size of the Defendant’s forest cuted by the Defendant reaches 8,383 square meters; and (b) the size of the cut trees reaches 339 parts.

On the other hand, the fact that the defendant completed recovery by planting pine trees to the forest of this case when he was in a trial, the confession of the crime of this case and reflects it, and the fact that there is no criminal power due to the same kind of crime is favorable.

In addition, comprehensively considering all the sentencing conditions, such as the character, conduct, environment, and circumstances after the crime of the defendant, the court below's punishment is too heavy or is deemed unreasonable. Thus, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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