건축법위반
The Defendants’ appeal is dismissed.
1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution) on the summary of the grounds for appeal is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendants confession and reflect, and that the Defendants have no same record of punishment.
However, in full view of the circumstances revealed in the records and arguments, such as the size of the building which the Defendants had extended and newly constructed without permission, the sentence of the court below is not heavy.
3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.