logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.09.24 2015노206
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (fine 1,000,000) is too unreasonable.

Judgment

The fact that the defendant repents his mistake and reflects his wrong, does not repeat a crime, efforts have been made to restore part of the mountainous district that was exclusively used after the crime of this case to its original state, there is no record of punishment for the same crime, and there is difficulty in maintaining livelihood with the aged.

However, considering the fact that the area of the mountainous district exclusively used by the defendant is not smaller than 197.3 square meters, the legislative purport of the Mountainous Districts Management Act that intends to develop forestry and promote various public functions of forests, etc., the act of converting the mountainous district into the mountainous district as in this case requires strict punishment, and the fact that the restoration of the original state according to the order to restore the State Forest Administration is not completed until now, and the circumstances favorable to the defendant are considered in the original decision, and there is no special circumstance or circumstance to be considered newly after the decision of the lower court, and in light of all sentencing conditions in this case, such as the defendant's age, character and behavior, environment, the background and consequence of the crime in this case, and the circumstances after the crime, etc., the above argument by the defendant is without merit.

3. As such, the defendant's appeal 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.

arrow