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(영문) 의정부지방법원 2014.06.26 2014노151
산지관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the defendant did not damage a forest as a sckele, the court below found him guilty of the facts charged in this case on the premise that the defendant damaged a forest as a sckele.

B. The sentence of the lower judgment on the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. (1) The lower court found the Defendant guilty on the ground that: (a) around September 21, 2009, E had several slopes for the instant land at the time of entering into a loan agreement with the Seoul National Forest Management Office on the instant land; (b) around February 201, E discovered that a container stuff is installed in the instant land; (c) the location of the instant land could not be flatized to the extent that the container can be stored without using a sckele for the complete slope; and (d) on June 17, 2011 through July 11, 2011, the Sincheon-do Seoul National Forest Management Office (Seoul National Forest Management Office); and (e) around 20-30 meters away from the Defendant’s place where the container was installed and/or the drainage method; and (e) the Defendant could be found to have damaged the relevant mountainous district without permission.

(2) According to the records of the judgment of the court below, it can be recognized that there is a scam for a little scam of the forest in order to store a container after the container installed by the defendant after the container. In full view of these circumstances, the court below found the fact that the defendant damaged the forest land of this case as a scke, and the court below which convicted the defendant, cannot be said to have erred in the misunderstanding of facts.

B. The Defendant was at the trial on the argument of unfair sentencing.

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