개발제한구역의지정및관리에관한특별조치법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the court below (a fine of KRW 10 million) is excessively unreasonable.
2. In light of the legislative intent of the Act on Special Measures for Designation and Management of Development Restriction Zones and the contents and methods of the instant crime, etc., which intends to prevent urban disorderly expansion through restricted activities in development restriction zones and to preserve the natural environment surrounding the city, the nature of the crime is not weak, and the Defendant has been punished five times or more due to the crime of the same or similar kind, and even if he was punished five times or more due to the crime of the same or similar kind, it is highly likely to be subject to criticism again again again, and there are many criminal records of the same kind during the repeated crime period due to fraud.
However, in full view of the following circumstances: (a) the Defendant made a statement that the Defendant led to the confession of the instant crime and reflects his mistake in depth; (b) the fact that the land of this case was restored to its original state by correcting all violations in the judgment of the court below; and (c) the economic situation seems not to be sufficient; and (d) the Defendant’s age, character, conduct, intelligence and environment as shown in the argument of this case; (b) the motive and background of the instant crime; (c) the substance and degree, means and consequence of the instant crime; (d) the circumstances after the crime was committed; (e) the criminal records; (e) criminal records; (e) family relationship; and (e) the health condition
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;