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(영문) 부산고등법원 (창원) 2013.12.06 2013노301
산림보호법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (two years of imprisonment, etc.) shall be too unreasonable;

2. In recognition of the instant crime, the Defendant is found to have committed each of the instant crimes under the circumstance that the Defendant had committed the instant crime, with lack of the ability to discern things or make decisions due to a mental division, and that he/she committed each of the instant crimes under the circumstances where the mental division lacks the ability to discern things and make decisions, and that he/she deposited KRW 230,000 to the victim I, deposit KRW 230,000 to the victim I, and has no record of punishment before.

However, the defendant, on the grounds that the fire occurred, destroyed the motor vehicle and structure owned by another person, and destroyed the motor vehicle and structure owned by another person, without being able to do so, and then fire again to the forest owned by another person. Such fire-prevention act may cause serious damage to the life and property of another person. In particular, the fire-prevention act against the forest may cause serious harm to the life and property of another person. In addition, it is recognized that there is a very dangerous criminal requiring strict punishment because it can grow without walking the damage, and that there is no yet for the owner of the destroyed motor vehicle to recover the damage.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

Therefore, the defendant's assertion 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 ground that it is without merit. It is so decided as per Disposition.

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