수도법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, three years of suspended sentence, and 200 hours of community service order) is too unreasonable.
2. We examine the judgment of the court below. The defendant recognized the crime of this case and against whom the defendant reflects it, and all business facilities are charged, and the defendant does not commit the same crime at all times.
In full view of the fact that there is no criminal history, the first offender who has no criminal history, and all other factors of sentencing as shown in the records and arguments of this case, including the defendant's age, sex, environment, and circumstances before and after the crime, the sentence of the court below is somewhat unreasonable.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Subparagraph 1 of Article 97 of the Food Sanitation Act, Article 37 (4) (a place of general restaurant business that has not been reported), Article 83 subparagraph 1 of the Water Supply and Waterworks Installation Act, Article 87 (4) 1 (a place of use without permission within a water source protection zone) of the Water Supply and Waterworks Installation Act, Article 31 (2) 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones, and the proviso to Article 12 (1) (a place of use without permission for profit-making purposes within the development restriction zone);
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of violating the Water Supply and Waterworks Installation Act and the crime of violating the Act on Special Measures concerning the Fixing and Management of Areas subject to Development Restriction, and the punishment shall be imposed for a person who has more severe punishment);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;