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(영문) 의정부지방법원 2017.09.06 2016노2210
배임등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced to the first and second sentence of Defendant 1 (the first sentence: imprisonment with prison labor for 6 months, the suspension of execution for 2 years, fines for 1.5 million won, and the second sentence: imprisonment with prison labor for 4 months and the suspension of execution for 2 years) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Ex officio determination

A. As to the entire judgment of the court below, the prosecutor appealed against the judgment of the court of first instance, and this court decided to hold concurrent hearings of the above appeal cases.

Each crime of the judgment of the court below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

B. In the first instance trial, the Defendant newly constructed a 3-dong building without obtaining permission from the competent authority on the forest land owned by J of 1,365 square meters of 1,00 square meters in the 1st instance trial, and extended the 2-dong warehouse and 65 square meters of 150 square meters in the 1st instance trial.

“The Defendant newly constructed a building 3 Dong (a warehouse 2 Dong, a garage 1 Dong, and a size 65.16 square meters in total) without permission from the competent authority in the forest and fields owned by J of 1,365 square meters in Pyeongtaek-gun, Pyeong-gun, Pyeong-gun, Pyeong-gun, 2012.

“Application for Amendments to Bill of Indictment was filed,” and the subject of the judgment of this Court was changed by the court.

In this respect, the judgment of the court below can no longer be maintained.

(c)

According to the proviso of Article 14(1)2 of the former Building Act (amended by Act No. 11690, Mar. 23, 2013) on the part of a violation of the Building Act due to the construction of a non-reported building, even if a building with a total floor area of less than 200 square meters and less than three floors is newly constructed in a management area under the National Land Planning and Utilization Act, if the said management area constitutes a district unit planning zone under Article 51(3) of the said Act, the said management area shall be permitted not to file a report with the competent administrative agency.

On the other hand, games.

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