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(영문) 춘천지방법원 강릉지원 2013.04.02 2013노22
산지관리법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) the sentencing of Defendant (one year of imprisonment, two years of suspended execution, two years of social service, two hundred hours of imprisonment) is too unreasonable.

The sentencing of the court below by the prosecutor is too uneasible and unfair.

However, since the area of a mountainous district exclusively used by the Defendant that was shipped out of the market without permission is reasonable, and during that process, standing timber is cut without permission and forest roads owned by Gangnam-si are damaged, the liability for such crime is not minor.

However, in full view of the following circumstances: (a) partial recovery of mountainous districts damaged by the Defendant and damaged forest roads; (b) the extension of access roads or the relocation of a tombstone in the course of the Defendant’s use of mountainous districts, etc. in the course of expanding access roads or by concerns over the occurrence of an accident due to narrow scope of forest roads; (c) the Defendant’s health conditions such as urology and high blood pressure, etc.; and (d) the Defendant’s age, character and behavior, motive, means and consequence of the commission of the crime; and (e) all other circumstances constituting the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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