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(영문) 청주지방법원 2016.12.15 2016노679
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized all of the crimes of this case and reflected in the instant case.

The defendant has no criminal record of the same kind.

The Defendant completed restoration work of a mountainous district damaged by the original judgment and received a completion inspection from the competent authority.

Circumstances unfavorable to the defendant are as follows:

The area of a mountainous district which is unlawfully used by the defendant without obtaining permission from the competent authority is larger than 8,627 square meters.

When the forest is damaged once, it is necessary to strictly punish the forest because it requires considerable time and effort to restore it to its original state.

In addition, there is no change in circumstances that could change the sentence of the lower court when it comes to the trial, and considering the Defendant’s age, character and conduct, career, environment, circumstances and result of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

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 since it is without merit. It is so decided as per Disposition.

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