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(영문) 의정부지방법원 2020.09.25 2020노1449
건축법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (one million won of a fine) is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records of this case, the defendant was sentenced on June 26, 2020 to four years and six months from Seoul High Court for habitual injury, etc., and the judgment became final and conclusive on July 23, 2020.

Since the crime of habitual injury, etc. against the defendant and the crime of habitual injury, which became final and conclusive in the original judgment, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for the crime of this case shall be sentenced in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, so the judgment of the court

Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[The reason for the judgment in multiple times] The defendant was sentenced on June 26, 202 to four years and six months of imprisonment for habitual injury, etc. at Seoul High Court on July 23, 2020, and the judgment became final and conclusive on July 23, 202.

【Criminal Facts】

A person who intends to construct a temporary building used as a temporary office, a temporary warehouse or a temporary lodging establishment and a small-scale building prescribed by Presidential Decree, which are containers or similar, shall report to the head of a Si/Gun/Gu.

Nevertheless, on March 2019, the Defendant constructed a field of 18 square meters in a temporary office of container structure and a field of 60 square meters in a steel pipe structure without filing a report with the Mayor of Yangju-si.

Summary of Evidence

The police's statement of the defendant at the trial court C of the defendant's oral statement is illegal and illegal, its land cadastre and its whole certificate: the defendant's trial is correct.

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