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(영문) 수원지방법원 2015.10.07 2015노3762
사기등
Text

The judgment below

The guilty part against Defendant C (including the innocent part) shall be reversed.

Defendant

C. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A’s violation of the Mountainous Districts Management Act and violation of the Aggregate Extraction Act (as to violation of Mountainous Districts Management Act, violation of Aggregate Extraction Act, theft), only Defendant A collected and removed earth and stones according to Defendant C’s instruction.

In addition, in relation to theft, Defendant A carried out earth and stone at the request of P, the representative director of the O Co., Ltd. (hereinafter “O”).

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

With regard to the violation of the Doll Mountainous Districts Management Act and the violation of the Aggregate Picking Act (as to the violation of the Mountainous Districts Management Act and the violation of the Aggregate Picking Act), Defendant A has already received final judgment due to the violation of the Mountainous Districts Management Act, which arbitrarily released earth and stones without obtaining permission to collect earth and stones at the same site of stone mountain restoration work

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding the legal principles on the number of crimes and acquittal, which affected the conclusion of the judgment.

Secondly, the sentence sentenced by the court below on unreasonable sentencing (two years of imprisonment, additional collection 61 million won) is too unreasonable.

B. As to Defendant C (i.e., mistake of facts and misapprehension of the legal principles (violation of Mountainous Districts Management Act and violation of the Aggregate Extraction Act) the mixed aggregate materials sold by Defendant C to S Co., Ltd. (hereinafter “S”), 17,459 cubic meters are legally collected and kept in custody, and the above mixed aggregate materials cannot be deemed to have resulted in a new natural environment by being integrated with the land of the lower part, etc.

Nevertheless, the court below found Defendant guilty of this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

Do. 8 months of imprisonment with prison labor sentenced by the court below on the grounds of unfair sentencing.

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