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(영문) 창원지방법원 2013.04.04 2012노2544

농지법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too large, thus making the gist of the grounds for appeal unreasonable.

2. The judgment was examined, and the defendant is the first offender who has no criminal history, and the defendant repented his mistake and restored farmland to its original state, etc. are recognized.

However, the size of the diverted farmland, the height of the filled-up is not small, and the defendant has restored the farmland to its original state upon receiving a summary order of KRW 10 million as the instant case. In full view of the Defendant’s age, character and conduct, intelligence and environment, motive and background of the offense, method, method and consequence of the offense, circumstances before and after the offense, and criminal record relation, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is groundless.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is groundless. It is so decided as per Disposition.