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(영문) 창원지방법원 2012.12.14 2012노1633
산림자원의조성및관리에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of KRW 2,00,000 (fine 2,000) is too unreasonable.

2. Although there are no circumstances to consider the circumstances, such as the confession of the Defendant to commit the instant crime and his depth reflects the Defendant’s depth, the fact that the Defendant has no record of punishment for the same kind of crime in the past, there is a family member to support the Defendant, and that there is economic difficulty, the instant crime is not likely to be considered. However, in full view of the following: (a) the Defendant has damaged the forest by cutting 29 standing timber without the permission of the competent authority; (b) the nature of the instant crime is not good; (c) balance between other similar cases and sentencing; (d) the Defendant’s age, character and conduct, intelligence and environment; and (e) the motive and circumstance of the instant crime; and (e) the following circumstances, all of the sentencing conditions of the instant case

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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