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(영문) 수원지방법원 2015.01.29 2014노7391

농지법위반등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (two months of imprisonment) is too unreasonable.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the error and reflects it.

However, in light of the size and degree of unauthorized diversion and development activities caused by the instant crime, etc., the crime of this case is not good in light of the following: the Defendant committed the instant crime during the repeated crime due to special larceny; and the owner’s side of the instant land on behalf of the Defendant was damaged by KRW 150 million while restoring the instant land to the original state on behalf of the Defendant, etc., it is necessary to strictly punish the Defendant.

Considering the equity in the case where the instant crime and the instant crime committed on August 24, 2012, which became final and conclusive, and all other circumstances that form the conditions for sentencing as indicated in the instant case, the lower court’s sentencing cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.