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(영문) 광주지방법원 2018.02.13 2017노3302
산지관리법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The lower court’s respective punishment against the Defendants on the summary of the grounds of appeal is too unfasible.

2. The reasons for the judgment of the court below are appropriate, and there is no change in the conditions of sentencing in the trial compared to the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, taking into account the Defendants’ age, gender and environment, motive, means and consequence of the commission of the crime, and the conditions of sentencing as indicated in the instant pleadings, such as the circumstances after the commission of the crime, it cannot be deemed that the lower court’s punishment against the Defendants is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

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

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