logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.05.12 2015노769
산지관리법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a prison term of five years of suspended sentence for three years of imprisonment, and a community service order of 500 hours of imprisonment) is too unfortunate and unreasonable.

2. The instant crime is a situation unfavorable to the Defendant, such as: (a) the Defendant’s act of cutting down pine trees on the ground with permission obtained by unjust means in relation to the conversion of forest land for the purpose of gathering pine trees; and (b) the act of cutting down pine trees in the forest for which permission was not obtained beyond the boundary of the site for acceptance of report on diversion of forest use; and (c) the nature and nature of the crime is not good; and (d) the Defendant’s act is so wide as the area of the leased mountainous district is wide as the area of the leased mountainous district is considerably wide and considerable transfer of pine trees

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) completed restoration according to the restoration plan for the forest damaged by the Defendant; (c) the Defendant did not have any history exceeding the fine; and (d) the Defendant’s age, sex behavior, environment; and (e) motive, circumstance, means and consequence of the instant crime; and (e) the sentencing conditions indicated in the instant case, such as the circumstances before and after the instant crime, are too unfasible and unfair

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion 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.

arrow