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(영문) 제주지방법원 2016.08.18 2016노91
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the sentence of two years of suspended execution and the fine of thirty million won in prison labor for ten months) is too unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and direct principle, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant appears to have an attitude against the recognition of the instant crime, the Defendant recovered from the forest damaged by the Defendant 11,110,00 won, and the Defendant did not have any history of criminal punishment for the same kind of crime prior to the instant crime.

However, in order to preserve the environment of Jeju Special Self-Governing Province, it is necessary to strictly punish illegal mountainous districts for the sake of preserving the environment of Jeju Special Self-Governing Province, and the fact that the defendant's area exclusively used for mountainous districts exceeds 7,204 square meters and the scope of damage is considerably large

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and trial process, including the circumstances after the crime was committed, the sentence imposed by the lower court shall not be deemed to have exceeded the reasonable scope of discretion or to be unfair because it was too excessive.

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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