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(영문) 대구지방법원 2017.10.27 2017노15
하천법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, which is too unreasonable.

2. The judgment of the court below seems to have led to the confession of the crime of this case and the removal of all the reputation and luminous gate at present, the illegal occupancy period is not long, and there is no record of punishment for the same kind of crime, etc. However, the crime of this case is deemed to have been committed in light of all the sentencing conditions of the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, and the sentencing of the court below is not acknowledged to have exceeded the reasonable scope of discretion because the crime of this case was committed in light of the following factors: the defendant's act of this case was established in the river area of the state river area B, which is a river of the state without the permission of the competent authority, and it is not appropriate to acquire personal benefits by using the state river; the act continues to be done without the voluntary removal; the defendant's business was committed without the voluntary removal; and all the sentencing conditions of this case, including the motive, means and result after the crime.

Therefore, the defendant's assertion is without merit.

3. Accordingly, 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.

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