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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant, due to rain and wind, has cut down 7 Kakao tree that was damaged by agricultural crops he rents out of the road, or that was damaged by the defendant, and there was no other felling Kakao tree and saw tree.
B. The court below’s sentence of unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.
2. Determination
A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable in full view of the first instance court’s results of examination and the evidence duly examined by the time of closing argument in the appellate court, unless there are exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unfair in full view of the first instance court’s results of examination and the results of additional examination by the time of closing argument, the appellate court should not reverse the first instance judgment on the ground that the first instance court’s determination on the credibility of a statement made by the witness of the first instance court is different from the appellate court’s determination (see, etc.
B. There are extenuating circumstances, such as the Defendant’s absence of the record of criminal punishment, on the assertion of unfair sentencing, except for a fine imposed once in 1987.