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(영문) 대구지방법원 2019.07.19 2019노1026
산림자원의조성및관리에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. Although there are favorable circumstances, such as the Defendant’s confession of the instant crime, the fact that the Defendant was against himself, the fact that the Defendant was committed during the funeral procedure, the first offender, etc. However, the degree of damage to the mountainous district and trees caused by the instant crime, the lower court, taking into account the favorable circumstances for the Defendant, has considerably reduced the fine notified in the summary order, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the instant crime, cannot be deemed to be unreasonable to the extent that the sentence imposed by the lower court is too unreasonable to avoid the reasonable scope of discretion.

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

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