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(영문) 의정부지방법원 2016.01.13 2015노2327

개발제한구역의지정및관리에관한특별조치법위반

Text

The Defendants’ appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (Defendant A: fine of 6 million won, Defendant B: fine of 2.5 million won) is too unreasonable.

2. The fact that the defendants recognized the crime and violated the law, the defendants are in an economically difficult condition (in the case of defendant A, this case was imposed on the high-amount forced payment), the defendant A was punished by a minor crime in 1997, and there was no previous conviction after the defendant A was punished by a minor crime in 1997, and the fact that the defendant B transferred the goods in the warehouse to another place during the trial of the original court that the defendant B transferred to the other place is favorable to the defendants.

However, in full view of all the sentencing conditions, including the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the circumstances after the crime, the environment of the defendants, etc., in light of the above favorable circumstances, it cannot be said that the court below’s punishment determined to reduce the amount of fine under the original summary order (the amount of fine of KRW 7 million, KRW 3 million,000,000,000) is too unfair because it is too unreasonable, considering the above favorable circumstances.

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