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(영문) 수원지방법원 2017.07.20 2017노1127

국토의계획및이용에관한법률위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. In the instant crime, the Defendant’s act of changing the form and quality of land without the permission of the competent authority and at the same time set up a camping site by diverting farmland. In light of the fact that the area of the land whose form and quality change was made amounts to 4,095 square meters, the crime of this case’s punishment is less than those

shall not be required to do so.

However, in full view of the following factors: (a) the Defendant acknowledges and reflects all of his/her criminal acts; (b) the restoration of the original state and form and quality of illegal changes was completed; (c) the Defendant has no specific criminal history as well as having been punished once a fine; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime; and (e) other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, sexual behavior, environment, motive and circumstance after the crime, etc

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.