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(영문) 대구지방법원 2020.06.24 2019노3502
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 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant appropriately restored the mountainous district, and the Defendant did not have any criminal records exceeding the same criminal power and fine, and that the Defendant is aged and economically difficult.

However, taking into account the circumstances favorable to the Defendant, the lower court appears to have reduced the fine of KRW 3 million to KRW 1.5 million issued in the summary order, and there is no special change in circumstances to reduce the sentence of the lower court for the first time in the trial, as well as the circumstances revealed in the records and arguments of this case, such as the circumstances leading to the Defendant’s crime, etc., the sentence imposed by the lower court against the Defendant is not heavy.

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

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