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(영문) 창원지방법원 2017.08.23 2017노616
산지관리법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. We examine the reasoning of the judgment and the prosecutor together.

The lower court determined the sentence (20 million won) by taking into account the following circumstances: (a) the fact that the Defendant’s mistake reflects the Defendant; (b) the Defendant promptly made efforts to restore damaged forests to their original state, such as restoration work (the completion of restoration work after obtaining approval of the restoration design; and (c) the application for completion inspection to the High-gun after supervising mountainous district restoration work); (d) the fact that there was no previous convictions; and (e) the fact that the forest damaged area due to the instant crime is equal to 15,294 square meters; (b) the Defendant’s age, sex, environment, motive and means of the crime; and (c) the circumstances after the crime were committed.

The grounds for the illegality of sentencing (the fact that the defendant recognized the crime, intentionally commits the violation, the fact that the violation is not intentionally, the health status is not good, and there is no special criminal history) alleged by the prosecutor, and the reason for the illegality of sentencing (the fact that the damaged area, the crime for profit-making purposes was committed) alleged by the prosecutor appears to have been sufficiently considered in determining the punishment against the defendant, and otherwise, the above conditions of sentencing have changed.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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