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(영문) 창원지방법원 2017.05.17 2017노208
산지관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. It is recognized that the Defendant is making efforts to implement an order of restoration to the original state late, such as: (a) the fact that the Defendant was committing a crime and commits a mistake; (b) there was no record of punishment other than the previous fine; and (c) the fact that the Defendant entered into a design service contract for restoration to the original state for the first time; and (d) obtaining approval of the design plan for restoration from the Kim Sea

However, on January 27, 2016, prior to the instant crime, the Defendant was punished for a violation of the Mountainous Districts Management Act with respect to the same violation as the instant case. Nevertheless, the Defendant did not comply with the original restoration order regarding the diversion of mountainous district and the alteration of the form and quality of land without permission, and did not initiate the original restoration order up to the trial. In addition, taking into account the Defendant’s age, sexual conduct, environment, motive and means of the instant crime, circumstances after the instant crime, etc., the lower court’s punishment (five million won) is deemed appropriate.

Defendant

The argument is without merit.

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

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