개발제한구역의지정및관리에관한특별조치법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The defendant does not pay the above fine.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The judgment is the primary criminal, and the defendant is the confession of the facts charged in this case, and his mistake is divided, the defendant completed the restoration of the original state of Gwangju City D's land, and the defendant seems to have no profit from each of the crimes in this case.
On the other hand, the following facts are disadvantageous to the defendant.
Each of the crimes of this case is that the defendant, without permission from the competent authorities, engaged in the act of cutting or banking in the development-restricted zone or the water source protection zone, and the nature of the crime is not good.
The violation area caused by each of the crimes in this case is very large.
In addition, in full view of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below is too uneasible and unfair.
Therefore, the prosecutor's improper argument of sentencing is justified.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in 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. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 of the same Act, the proviso to Article 12(1) (the point of unauthorized construction, etc. within the development restriction zone), Article 83 Subparag. 1 of the Water Supply and Waterworks Installation Act, and Article 7(4)3 of the Water Supply and Waterworks Installation Act (the point of unauthorized construction, etc. within the water source protection zone), and the selection of fines;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;