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Defendant
The appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as a chief secretary of the J-friendly society, was merely engaged in incidental duties for the installation of cemeteries in the door, according to the direction of the president of the J-friendly society and the deceased. Thus, the Defendant is not an unauthorized owner of mountainous district diversion as stated in the facts charged.
B. The sentence of the lower court’s unfair sentencing (2,00,000 won) is too unreasonable.
2. Determination
A. In the lower court’s determination on the assertion of mistake of facts, the Defendant alleged to the same effect as the grounds for appeal. The lower court rejected the Defendant’s assertion on the grounds stated in its reasoning based on the evidence duly adopted and examined. The Defendant committed an act of converting the facts charged
Recognizing and finding guilty.
The reasoning of the judgment of the court below and the records of this case are closely compared to the records of this case, and the judgment of the court below is acceptable, and there is a violation of law by mistake
It is not recognized.
B. In light of the fact that the Defendant could not refuse to give the direction of the applicants of an anti-Korean society as a chief secretary of the family council, the fact that the Defendant was sentenced to a fine for the same kind of crime in around 2006, and that there was no record of criminal punishment after having been sentenced to a fine for the same offense, etc., the determination
However, in full view of all kinds of sentencing conditions, including Defendant’s age, sex, environment, motive, means, consequence, etc., including the fact that the area of the mountainous district used to be used for the instant crime is less than 1,360 square meters, and that no restoration to its original state has been carried out until now, it is not deemed that the sentence of the lower court is too unreasonable to the extent that the sentence of the lower court is reversed.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.