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(영문) 대전지방법원 2014.08.12 2014노681

국토의계획및이용에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) declared by the lower court is too unfilled.

2. In full view of the following facts: (a) the Defendant made confessions of all the facts charged in the instant case; (b) the Defendant is able to cultivate crops without any danger of flooding; and (c) there is a need for separate permission to do development activities without permission; and (d) there is a circumstance to consider the circumstances; (b) there is a situation in which the owners of surrounding land have raised land level; and (c) the Defendant appears to have been making efforts to restore the land whose form and quality have been changed to the original state together with the neighboring landowners, despite the circumstances where it is difficult for the Defendant to make it easy for him to restore the original state; and (d) other factors of sentencing stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive, means, and consequence of the crime

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.