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(영문) 대전지방법원 2013.04.10 2012노2413

주택법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court is too unreasonable in light of the following factors: (a) the Defendant’s ground for appeal (e.g., an extension without permission); and (b) the circumstances where economic difficulties arise; and (c) etc.

2. It is recognized that the judgment appears to be against the defendant, and that the defendant is the first offender.

However, the crime of this case, in collusion with the lessee A on April 25, 2012, extended the structure of 16.8 square meters of the building in the commercial building owned by the Defendant without the permission of the competent authority by means of installing a pipe structure on the commercial building owned by the Defendant without permission. The Defendant did not remove the illegal building of this case for about one year after the crime of this case, and the Defendant did not appear to have made efforts to correct the illegality by removing the building of this case on the grounds of a contractual relationship with the lessee at the court below. In full view of all other circumstances including the Defendant’s age, health status, character and behavior, environment, circumstance of this case, circumstance before and after the crime, etc., the lower court’s punishment is deemed to be improper and too unreasonable. Thus, the Defendant’s assertion is without merit.

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