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(영문) 광주지방법원 2020.06.09 2019노1798
산지관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, community service work hours for 80 hours) of the lower court is too unreasonable;

2. Determination is an element of sentencing favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, and that the damaged mountainous district was or is scheduled to be restored.

On the other hand, the area of the mountainous district damaged without reporting the temporary use of the mountainous district is wide and its degree is the factor of sentencing disadvantageous to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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