개발제한구역의지정및관리에관한특별조치법위반
All appeals by the Defendants are dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 10 million) is too unreasonable.
2. Determination
A. According to the records, the court below determined punishment in consideration of various sentencing factors, such as the fact that the period of crime is very long, the restoration to the original state is not granted, the fact that Defendant B was punished for the same kind of crime, the fact that the mistake is divided and reflected, Defendant A was an initial offender who has no record of criminal punishment, and health conditions.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.