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(영문) 전주지방법원 2013.11.08 2013노810
산지관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (limited to four months of imprisonment, one year of suspended sentence, one year of fine, 7,000,00 won) is too uneased and unreasonable.

2. The judgment of the defendant has been punished several times as fines for the same crime, and the crime of this case is committed by the defendant, without obtaining permission from the competent authority, and the nature of the crime and the circumstances of the crime of this case are not to be mitigated. However, in light of the fact that the defendant recognized the crime of this case as his old age, which seriously reflects his mistake, and that the mountainous district of this case was restored to its original state, and other circumstances that form the condition for sentencing in this case, such as character, behavior, environment, family relationship, circumstances after the crime, etc., the prosecutor's above assertion is without merit, since it is deemed that the punishment imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor'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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