국토의계획및이용에관한법률위반
All judgment of the court below shall be reversed.
Defendant
E and Defendant A shall be punished by a fine of two million won, and Defendant F shall be punished by a fine of one million won.
1. In light of the gist of the grounds of appeal in this case, the punishment sentenced by the first instance court to Defendant E (2 million won of fine), the punishment sentenced by the second instance to Defendant A (2 million won of fine) and the punishment sentenced by the third instance to the Defendants (2 million won of fine) are too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by Defendant E, Defendant E, and Defendant A ex officio, the case of this court 2013No303, which is the appeal case against Defendant E’s judgment of the first instance court, and the case of this court 2013No867, which is the appeal case against the judgment of the second instance court. The case of this court 2013No55, which is the appeal case against Defendant A’s judgment of the second instance court, was consolidated in the oral proceedings of the first instance court. The case of this court 2013No867, which is the appeal case against the judgment of the third instance court, was joined in the oral proceedings of the first instance court. Since each of the crimes of Defendant E, Defendant E and the judgment of the second and third instance are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the concurrent crimes under Article 37 of the Criminal Act, and the part of the court 2013No867, which is the case of appeal against the second instance court, the first instance court 20000.
B. Although Defendant F has been under control with Defendant E, A, and the judgment on the allegation of unfair sentencing by Defendant F, Defendant F, even though it was under control with Defendant F, (the Defendant F was sentenced to a fine of KRW 2 million on June 3, 2013 and became final and conclusive on October 11, 2013, separate from this case’s case’s case’s case’s case’s case’s case’s No. 1), there were unfavorable circumstances, such as the fact that Defendant F committed the instant case’s second offense. However, Defendant F was an unauthorized building on the instant land before approximately 30 years ago