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(영문) 대전지방법원 2013.11.21 2013노1579
도시공원및녹지등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of one million won imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant completed a corrective order in accordance with the Daejeon Metropolitan City’s corrective order on the felling of the instant standing timber without permission; and (b) the Defendant planting a short-fung tree on the relevant land; (c) the Defendant is not obliged to repeat a crime; (d) the Defendant is found to have no criminal records like the Defendant; (c) the Defendant appears to have already reduced the fine amount of the summary order in consideration of these circumstances; (d) the Defendant’s felling of the standing timber without permission by means of 131 parts; (e) the amount of the fine for the summary order is not small; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other various conditions of sentencing specified in the pleadings of the instant case, including the circumstances after the crime, etc., the sentencing of the lower court is determined to be appropriate;

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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