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(영문) 전주지방법원 2013.04.19 2012노1107
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2,00,000 won of fine) is too unreasonable.

2. It is reasonable to consider the fact that the defendant, who did not have a previous criminal record, restored the mountainous district of this case to its original state, and sufficiently reflects the crime of this case.

However, the crime of this case is deemed to have been diverted to a considerable area of mountainous district without obtaining permission from the competent authority, and the nature and circumstances of the crime are not somewhat weak, and such crime is deemed to seriously obstruct the efficient management of forest resources and the land, and it is necessary to strictly punish them. In full view of other circumstances that are the conditions for sentencing in this case, such as the defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the punishment imposed by the court below is too unreasonable. Thus, the above argument by the defendant is without merit.

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

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