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(영문) 부산지방법원 2019.01.11 2018노3312
산지관리법위반
Text

The defendant's appeal is dismissed.

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 lower court determined the sentence as above, taking into account the circumstances favorable to the Defendant and unfavorable circumstances.

In full view of the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence, etc., including the fact that illegal diversion of a mountainous district has been completed at the time of the trial, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

(However, of the judgment of the court below, it is clear that the phrase "the main text" was omitted by mistake after the second letter "Article 14 (1)", and thus, it is corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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