개발제한구역의지정및관리에관한특별조치법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not less than ten months and by a fine not exceeding fifteen thousand won.
The defendant above.
1. Summary of grounds for appeal;
A. In light of the fact that the defense counsel (an illegal sentencing, and the judgment of the court below) recognized the defendant's wrong and reflected, and completed restoration from the container by relocating the container, it is improper for the court below to impose two years of suspended execution, probation observation, and community service order (No. 1) with 80 hours of imprisonment with prison labor for the defendant, and two years of suspended execution and fine No. 15,00,000 (the judgment of the court below No. 2) with prison labor for the defendant, and each sentence of the court below with prison labor for 6 months is too unreasonable.
B. In light of the fact that the prosecutor (an improper sentencing, and the judgment of the second court) had the record of being punished for the same crime, and that the corrective order to restore the original state was issued several times, but it is not sufficient to implement such order, and that the risk of recidivism is high, the sentence of the court below is too uneasible and unfair.
2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.
As the judgment of the court of first instance and the judgment of the court of second instance against the defendant, the prosecutor filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of second instance decided to hold concurrent hearings of the above cases. Each of the crimes in the judgment of the court of second instance in relation to concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to a single punishment at the same time in accordance with Article 38 of the Criminal Act. Therefore,
3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the above ex officio grounds for reversal of sentencing by defense counsel and the prosecutor, and the following is again decided after the pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;