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(영문) 의정부지방법원 2017.11.09 2017노1887
산림자원의조성및관리에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The crime of this case is acknowledged that the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. on October 23, 2015; the Defendant committed the crime of this case during the period of repeated crime; and the Defendant was sentenced to nine times of criminal convictions.

However, the total amount of damage caused by the instant crime is about KRW 2.1 million and is relatively small.

At the lower court’s stage, the Defendant agreed with the victim H, and agreed with the victim F.

The victims expressed their intention that they do not want to punish the defendant.

In full view of the above circumstances and other factors, the sentence imposed by the court below against the defendant is somewhat unreasonable, taking into account the following factors: the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court is identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal

Application of Statutes

1. Relevant Article 73(1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and Articles 34(1) and 31(1) of the Criminal Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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