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(영문) 제주지방법원 2020.01.16 2019노164

건축법위반

Text

All appeals by the Defendants are dismissed.

Reasons

The Defendants appealed on the grounds that the sentence of the lower court (the Defendant A: 2 years of imprisonment and suspension of execution, 120 hours of community service order, and 15 million won of fine) is too unreasonable. However, in light of all the sentencing conditions indicated in the records and arguments of this case, considering the fact that the Defendant A was engaged in volunteer activities by granting donations to social welfare organizations and religious organizations, the lower court’s sentence imposed on the Defendants is too unreasonable on the grounds as stated in its reasoning.

Since the defendants' appeal is without merit, all appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[A prosecutor applied for the amendment of a bill of indictment to the effect that “Article 110 subparag. 1 of the Building Act” is corrected as “Article 108(1) of the Building Act” among the applicable provisions of the Act on the Facts of 2018 Highest 2757 in the trial at the trial. However, it cannot be deemed that the subject of the trial at the trial at the same time was modified or that there was a change in the facts in the indictment to the extent that it would affect the defendants’ right to defense. As such, the judgment of the court below was not reversed on the ground of the amendment of indictment, and the part of Article 108(1) of the Building Act “Article 108(1) of the Building Act (amended by Act No. 16380, Apr. 23, 2019)” as “Article 108(1) of the Building