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(영문) 전주지방법원 2014.10.17 2013노1269
산지관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (hereinafter “the Prosecutor’s grounds for appeal”) is too unhued and unreasonable.

2. The Defendant’s act of converting a mountainous district into a mountainous district without obtaining permission from the competent authority by changing the form and quality of the mountainous district, which is significant in light of the size of the converted mountainous district. Since the forest is damaged once, it is impossible to restore the forest to its original state or requires a very long period of time to restore the original state to its original state, there is a need to strictly punish the Defendant so that such crime does not occur. However, the Defendant is deemed to have led to the confession of the instant crime, reflects the Defendant’s wrongness, and the Defendant’s exclusive mountainous district is owned by the competent authority and completed a report and consultation on the establishment of warehouse facilities in lieu of the restoration to the original state, and the Defendant violated the Road Act, and the Defendant did not have any previous record except for a fine imposed once on the violation of the Road Act, and other various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed

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

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