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(영문) 대전지방법원 2014.12.03 2014노2024
산림자원의조성및관리에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The crime of this case, which was committed on the part of the Defendant, was committed by cutting about 15gs of trees in the forest managed by the Defendant, and the liability for the crime was not less severe; the Defendant obtained the consent of the forest owner; the Defendant made it false to conclude that D obtained the consent of the forest owner; thus, it is not appropriate to haveD cut trees, and the victim’s damage from the crime of this case appears not to be substantial; and the Defendant obstructed the victim’s protection of graves by leaving the trees neglected.

On the other hand, the fact that the defendant reflects the crime of this case, that the defendant made efforts to recover damage by depositing certain money for the victim, that the defendant corresponds to the person who rendered distinguished services to the State of Grade 6 of the disability rating as an elderly person, that the defendant does not have any particular criminal records since 199, in addition to punishment of minor fines on three occasions due to the crimes of this case, and that there is no particular criminal records after 199, and that it is clear that the defendant's family register

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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