공익사업을위한토지등의취득및보상에관한법률위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
The main point of the grounds for appeal is that the court below's punishment (300,000 won) is too unreasonable.
Judgment
The defendant's delay in the delivery of the building and the land in this case to the association of victims is not short of the period, and due to this delay in redevelopment project, it seems that there is a considerable damage to the association of victims.
However, there are favorable circumstances, such as the fact that the Defendant recognized the instant crime and against the Defendant, the first offender who has no record of crime, the victim union expressed its intention not to punish the Defendant by mutual agreement with the victim union prior to the pronouncement of the lower judgment, and the fact that the delivery of the instant building and land was completed on the part of the victim union, and that there are some other circumstances that may be taken into account in the course of the crime.
Considering the circumstances favorable to the defendant and the unfavorable circumstances, comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, the sentence of the court below was changed in the trial, resulting in the change of the sentencing conditions, which led to an unfair consequence.
Therefore, the defendant's argument of sentencing is justified.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
Article 95-2 subparag. 2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor; Article 70(1) and Article 69(2)(100,000 won per day) of the Criminal Act to keep a fine of KRW 300,000,000,000,000,000,000 won, which is to suspend the imposition of a fine, is the criminal law.