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(영문) 전주지방법원 2016.09.02 2016노506
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant had no record of criminal punishment previously imposed; (b) the recognition of the instant crime and reflects the mistake; and (c) the fact that the leased mountainous district appears to have been restored to the original state.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant's diversion of forest land by using a digging hole without permission for diversion of a mountainous district is not less than the nature of the crime, that the area of the mountainous district exclusively used by the defendant is considerably wided with 8,042 square meters, and that when the forest is damaged, it is impossible to restore it to its original state or it requires considerable time and effort.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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