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(영문) 대구지방법원 2017.10.25 2017노1438
산지관리법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment, and two years of suspended execution) is too unhued and unreasonable.

2. In full view of the following facts: (a) the Defendant did not use the mountainous district and collected soil and stones without permission; (b) the Defendant had been punished twice for the same type of fraud; (c) the Defendant committed the instant crime at a disadvantage; (d) the Defendant led himself/herself to confession and reflect all the instant crimes; (e) the victims were the Defendant’s wife by agreement with the defrauded M/U; and (e) the Defendant was granted permission from the relevant authorities to complete the restoration of the mountainous district for illegal use from the mountainous district; and (e) the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and consequence of the crime; and (e) the instant records and the sentencing conditions as indicated in the pleadings, such as the circumstances after the crime, cannot be deemed unfair because the sentence imposed by the lower

Therefore, prosecutor's assertion is without merit.

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

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