공익사업을위한토지등의취득및보상에관한법률위반
The judgment of the court below is reversed.
The sentence of each sentence against the Defendants shall be suspended.
1. The main point of the grounds for appeal is that the lower court’s punishment (the Defendants’ respective fines of KRW 1.5 million) is too unreasonable.
2. The fact that the Defendants’ act interfered with the implementation of relevant public works due to the Defendants’ act is disadvantageous to the Defendants.
However, the fact that the Defendants recognized the instant crime and reflected against the Defendants, and that the land and the ground goods specified in the facts charged are delivered to the project executor, the removal of the said goods is completed, and the Defendant A did not have any history of punishment for other crimes, and some of the circumstances that may be considered in the process of the instant crime are favorable to the Defendants.
In addition, in full view of the following factors: Defendant A’s age, occupation, sex, environment, circumstances after the commission of the crime, and various sentencing conditions shown in the records and arguments, the sentence of the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is justified, and the judgment below is reversed and it is again decided as follows.
[Grounds for the new judgment] Criminal facts and the summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 95-2 Subparag. 2 and Article 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; Selection of fines;
B. Defendant B: Articles 98 and 95-2 subparag. 2 and 43 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; selection of fines
1. Sentence Defendants: 1.5 million won per fine;
1. Defendant A detained in a workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;
1. Defendants of suspended sentence: Article 59(1) of the Criminal Act (the above judgment is in part).