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(영문) 수원지방법원 2016.11.11 2016노4091
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. Determination is a condition for sentencing favorable to the defendant, for the following reasons: (a) the defendant recognized the instant crime and reflects the circumstances; (b) the defendant completed restoration to the original state; and (c) the defendant did not have any record of punishment for the same kind of crime; and (d) the neighboring residents of the instant forest and field want to take the front place.

However, the court below seems to have determined the punishment by reducing the fine amount (one million won) of the summary order considering the sentencing conditions favorable to the defendant, and there is no change in circumstances that could change the punishment of the court below at the time of the trial. Considering the equity in sentencing with the same and similar cases, as well as other circumstances that form the conditions of the sentencing in this case, such as the defendant's age, character and conduct, environment, family relationship, etc., the court below's sentence is too unreasonable. Thus, the above argument of unfair sentencing by the defendant and his defense counsel is rejected.

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

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