logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.12.28 2015노1228
산림자원의조성및관리에관한법률위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (700,000 won of fine) is too unreasonable.

2. The crime of this case was committed by the defendant without the approval of the head of local government, and the crime of this case is not less severe than that of the defendant.

However, the court below's punishment is somewhat unreasonable in consideration of all the sentencing conditions specified in the argument of this case, such as the above circumstances and the defendant's age, character and conduct, family environment, etc., given that the defendant led to the confession of the crime of this case, the defendant made efforts to recover damage, such as deposit of KRW 1 million in order to transfer the city of Jeonju, and the defendant has no record of criminal punishment.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 74 (1) 2 and Article 21 (1) 4 of the Creation and Management of Forest Resources Act applicable to facts constituting an offense and Articles 74 (1) 2 and 21 (1) 4 of the Creation and Management of Forest Resources Act;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (Consideration favorable circumstances in front);

arrow