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(영문) 대구지방법원 2019.10.24 2019노922
산지관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The area of the mountainous district damaged by the defendant is not many.

However, the defendant recognized his mistake, against himself, and completed the restoration of the damaged mountainous district in the past.

There is no history of punishment against the defendant for the diversion of a mountainous district without permission.

In full view of the various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.

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

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