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(영문) 인천지방법원 2014.12.10 2014노2249
문화재보호법위반등
Text

All of the appeals filed by the prosecutor and the defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (1) mismisunderstanding of facts, misunderstanding of legal principles, etc. (A) Defendant A did not take any measures despite being aware that he/she created a woodland beyond the permitted area after reporting from Defendant C, etc., thereby intentionally creating an illegal land.

(B) From around 2011, the Defendants were unlawfully stolen.

(2) The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.

B. Defendant B (1) did not participate in the establishment of a misunderstanding of facts.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts and misapprehension of legal principles, it is difficult to readily conclude that Defendant A was aware of the fact that the evidence submitted by the prosecutor alone, and it is not sufficient to recognize that Defendant B, and C created a tree farm in violation of permission area even during the period from around 2011 to August 2012, and on the grounds that there is no other evidence to prove each of the above facts, the court below acquitted Defendant B, Defendant B, and C of the above part on the ground that there is no other evidence to prove each of the above facts, and the judgment of the court below is just and acceptable.

Therefore, this part of the prosecutor's argument is without merit.

B. As to the Defendant B’s assertion of mistake of facts, the lower court rejected the above assertion in detail by stating the Defendant’s assertion under the title “as to the Defendant’s and his defense counsel’s assertion” in the judgment of the lower court, and comparing the above judgment with the record, the lower court’s judgment is just and acceptable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, the above defendant's above assertion is without merit.

C. On the assertion of unfair sentencing by the prosecutor and the defendant B

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