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(영문) 광주고등법원 (제주) 2016.11.02 2016노65
특정범죄가중처벌등에관한법률위반(산림)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, each of the defendants B and C shall be punished by imprisonment with prison labor for a year.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment for Defendants A, B, and C) that the court below rendered against the Defendants is too unreasonable.

2. The decision-making forest on the grounds for appeal is a resource that forms the foundation of our land and has high conservation value, and in particular, the importance of forest resources in Jeju Special Self-Governing Province with beautiful natural environment can not be said to be achieved.

On the other hand, when forest resources are damaged, it is not easy to restore them to their original state or there is a considerable time to restore them.

Therefore, in order to preserve the environment of Jeju Special Self-Governing Province, it is highly necessary to strictize illegal cutting of trees and deforestation activities like this case.

Furthermore, in light of the fact that the Defendants committed the instant crime in order to promote economic benefits, such as the progress of development projects and the receipt of money, it is difficult to see that the details of the commission of the crime would be particularly considered, and that the size of the exploited mountainous district is considerable and the result of the commission of the crime is significant, the Defendants should be punished strictly by sentence.

However, when examining the evidence duly admitted and investigated by the court below comprehensively taking account of the contents of the evidence examination conducted in the trial, the court below, as judged by the court below, did not merely take part in the crime of this case passively according to the request or instruction of the defendants, but also took part in the whole process of the crime of this case from the request stage to the concealment of the crime through the work process, and thus, the degree of the court's participation in the crime of this case is deemed to be a level that is not less complicated than Defendant B and C.

In addition, the sentence of imprisonment for the last one year has become final and conclusive against these Js.

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