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(영문) 울산지방법원 2013.10.02 2013노498

국토의계획및이용에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (2 million won of fine, etc.) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the Defendant was the primary offender and the Defendant’s act of construction of a building without permission is against his own mistake, the act of construction of a building without permission as to the crime in this case requires strict punishment as serious harm to the efficient management of the national land, and the Defendant appears to play a leading role in the crime in this case, and other overall sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are considered as inappropriate. 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.