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(영문) 의정부지방법원 2013.08.22 2013노1042

개발제한구역의지정및관리에관한특별조치법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (1.5 million won of a fine) of the lower judgment is too unhued.

2. Although the judgment of the court below is recognized as a situation where the defendant arbitrarily laid down a large amount of harmony within the development restriction zone for a long time, considering the following factors: (a) the defendant committed a crime and commits a crime; (b) the defendant has no record of being punished for the same kind of crime; (c) the defendant is an ordinary recipient as provided by the National Basic Living Security Act; and (d) the defendant's character, conduct, occupation and environment; (d) the process and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment of the court below is appropriate, and it is not unreasonable and unreasonable because

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.