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(영문) 창원지방법원 2018.09.12 2018노1508
하천법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of one million won);

2. Determination

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

B. It is against the Defendant’s recognition of the instant crime, and the economic situation is not good, and there are some other circumstances to consider the circumstances leading to the instant crime.

However, the Defendant occupied and used land within the river area without permission from the competent authorities for a considerable period of time, but failed to comply with the order of restoration to the original state of the river management agency, and the nature of the instant crime is not weak.

The defendant has the same criminal history.

In addition, taking into account the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct of the Defendant and the environment, as shown in the instant records and pleadings, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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