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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10 million) is too unreasonable.
2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) previously punished for the same crime; (c) there was no record of criminal punishment heavier than the fine; and (d) the fact that part of the diverted mountainous district was restored to its original state, etc.
On the other hand, the crime of this case is a situation unfavorable to the defendant, since the crime of this case is a case where the defendant diverted forest by using a digging hole without permission to convert, and the nature of the crime is not weak, the area of the mountainous district exclusively used by the defendant is considerably broad, the area of the mountainous district exclusively used by the defendant is not restored to its original state, and most of the mountainous districts currently used has not been restored to its original state, and when the forest is damaged, it is impossible to restore it to its original state or requires considerable time and effort. Thus, such crime
In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.