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(영문) 창원지방법원 2016.04.20 2015노2919
산지관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The judgment is a favorable condition, such as the fact that the defendant repents his mistake and reflects it, the restoration of the mountainous district and standing timber damaged by the defendant, and the fact that there is no record of punishment for the same kind of power.

However, the defendant's exclusive use of a mountainous district is considerably widened with 6,473 square meters without permission; the fact that he cut standing timber without permission is also the same; when the forest or land is damaged once, it is impossible to restore the forest or land to its original state or requires considerable time and effort; thus, it is disadvantageous to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records of the instant case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s sentence is too unreasonable.

3. In conclusion, 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.

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