국토의계획및이용에관한법률위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.
2. In light of the following factors: (a) if the Defendant, without permission, changes the form and quality of the exclusively used land without permission and takes into account that the area of the exclusively used land is considerable, strict punishment is required; (b) on the other hand, the Defendant’s implementation of the recovery order by an administrative agency was completed; (c) the Defendant was living without any criminal history as an 1942 student; and (d) other factors of sentencing specified in the instant pleadings, such as the Defendant’s character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable;
3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 140 of the same Act concerning the facts constituting an offense, and Article 56 subparagraph 2 of the same Act (the occupation of changing the form and quality of an unauthorized mountainous district and the selection of fines), Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) of the same Act (the occupation of diversion of an unauthorized mountainous district and the selection of fines);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;