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(영문) 수원지방법원 2014.09.04 2014노1567
농지법위반등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (five million won of a fine) is too unreasonable.

On the other hand, the defendant has no criminal power, and there is a favorable circumstance for the defendant, such as the fact that there is no criminal power, wrong recognition and reflects.

However, each of the crimes of this case is to divert farmland to use three lots of farmland outside the agriculture promotion area without permission for diverting farmland from March 20, 208 to September 30, 2013, including the total area of 1,652 square meters, including the area of three lots of farmland outside the agriculture promotion area, Gwangju-si E, Gwangju-si, without permission for diverting the farmland as a field yard and height of the body, and to store solid goods, etc. on the land above the management area without permission for the development. Since the Defendant’s diversion or storage of solid goods, etc. is considerably appropriate for the period and area for which the Defendant performed the diversion without permission, the responsibility for the crime

Considering the fact that the lower court sentenced a sentence that has been mitigated than the fine amount (6 million won) of the summary order, and all other circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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