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(영문) 춘천지방법원 강릉지원 2015.12.10 2015노564
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The judgment of the Defendant recognized and reflected the instant crime; the access road part of the mountainous district damaged by the Defendant and the damaged mountainous district, such as planting tree seedlings on the low temperature storage area; and the fact that the Defendant did not have any significant criminal record in relation to the instant case, etc. are favorable to sentencing.

However, considering the fact that the area of the mountainous district of this case is significant, and the motive, background, means and result of the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and conduct, environment, and other conditions of sentencing as shown in the records and arguments, the punishment imposed by the court below cannot be deemed as being too unreasonable, even considering the favorable circumstances as seen earlier.

The defendant's above assertion is without merit.

3. Therefore, 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 groundless. It is so decided as per Disposition

(However, since it is clear that the second and second sides of the judgment of the court of first instance “finite” is a clerical error in “finite,” it shall be corrected ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.

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