국토의계획및이용에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant denied the instant crime until the lower court.
The area of land where the defendant illegally changed the form and quality is larger.
Circumstances favorable to the defendant shall be as follows:
In the past, the defendant recognized the crime of this case for the first time, and is against the law.
The Defendant restored the entire land that was unlawfully changed to its original form and quality to its original state for the first time.
The defendant is an initial offender who has no record of punishment.
The Defendant appears to have committed the instant crime in the course of raising farmland for farming.
In addition to the above circumstances, considering the records of this case and all of the sentencing conditions shown in the previous theories, such as the character, conduct, career, environment, background and result of the crime, etc. of the defendant, the sentence of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.
[Re-written judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below, except for the addition of “1.1 Defendant’s oral statement” to the column for the evidence. As such, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) of the same Act concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is determined as ordered in consideration of the various circumstances as seen earlier.