개발제한구역의지정및관리에관한특별조치법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. On the basis of ex officio determination, the record reveals that the defendant appealed against the judgment of the court below on February 14, 2018 and filed an appeal on July 17, 2018, and received a notice of receipt of the record of proceedings by serving public notice on July 17, 2018, but failed to submit a statement of reasons for appeal within 20 days, and the fact that the petition of appeal does not contain reasons for appeal.
However, on February 8, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for the crime of destroying special property at the Suwon Flag, etc. on the part of the Suwon Flag, which became final and conclusive on February 16, 2017. According to this, the Defendant’s crime of this case and the crime of destroying special property for which judgment became final and conclusive on February 16, 2017 are related to the concurrent crimes after Article 37 of the Criminal Act, and the sentence is determined in consideration of equity in the case where judgment is to be rendered simultaneously under Article 39(1) of the Criminal Act
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows after pleading.
[Re-written judgment] The criminal facts and summary of evidence acknowledged by this court and the summary of the evidence are the first head of the lower judgment’s criminal facts. The judgment of February 16, 2017 became final and conclusive on the following grounds: (a) the Defendant was sentenced to two years of suspended execution for six months of imprisonment with prison labor due to special property damage at the Suwon Friwon, etc., in the first head of the lower judgment.
“1. Before the judgment” and the summary of the evidence added “1. Before the judgment” to “written reply to inquiries, such as criminal history, text of the judgment, and the information of the case” as stated in each corresponding column of the judgment of the court below. As such, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selective Development of Punishment
1. The Criminal Act dealing with concurrent crimes;