국토의계획및이용에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.
2. It is recognized that the defendant's land size changing the form and quality without permission is considerably large.
However, in light of the fact that the Defendant divided his mistake, the land category of the instant land has been changed from farmland to warehouse site, and the distribution facilities for agricultural products have been newly constructed on the ground, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.
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 below, and thus, the summary of the evidence is cited 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 56 (1) 2 of the Act on the Planning and Utilization of Criminal Facts (Selection of Penalty) concerning the punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.