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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that of the lower court’s punishment (the imprisonment for eight months, the suspension of the execution of two years, and the fine for twenty million won) too unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(Supreme Court Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant shows an attitude to recognize and reflect the instant crime, and that the Defendant had no record of criminal punishment prior to the instant crime, etc. is favorable to the Defendant.
However, considering the fact that when the forest is damaged, it is difficult to recover from the damaged or requires a long time, and the necessity of environmental conservation of Jeju Special Self-Governing Province, it is necessary to strictly punish illegal mountainous district conversion activities such as the instant crime, and the fact that the area of the mountainous district that the Defendant has unlawfully diverted is relatively wide, etc.
In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the instant crime, and all of the sentencing factors in the process of trial and records, such as the circumstances after the crime was committed, the sentence imposed by the lower court shall not be deemed to have exceeded the reasonable scope of discretion or to be too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.