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(영문) 수원지방법원 2017.06.30 2016노9003
산지관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (a prison term of four months, one year of suspended execution, and forty hours of community service order) is too unhued and unreasonable.

2. On July 2, 2013, the crime of this case was committed by a defendant who operates a camping site without obtaining permission to convert a mountainous district, and the quality of the crime is not less than that of the crime. It is also true that there is a need for a strict punishment of the defendant on the ground that the defendant committed the crime of this case even though he had a history of punishment of a fine of KRW 50,000 as a fine for the crime of installing play facilities without obtaining permission to divert farmland in the camping Chapter, around July 27, 2015, even though he committed the crime of this case, even though he had a history of committing the crime of installing play facilities without obtaining permission to divert farmland.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant had no record of punishment heavier than a suspended sentence for the same crime as the instant case; and (c) the Defendant submitted photographs of the form of restoring the instant land to its original state when the Defendant was in a trial; and (d) other various circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sexual behavior, environment, motive for the commission of the crime, and circumstances after the commission of the crime, the sentence of the lower court is too uneasible and unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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