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(영문) 의정부지방법원 2015.12.04 2015노1385
개발제한구역의지정및관리에관한특별조치법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) imposed by the court below is excessively unreasonable.

2. In light of the judgment, the circumstances favorable to the defendant are recognized, such as the confession of the facts constituting the crime of this case and the statement that the defendant is against his depth, the correction of the violation among the judgments of the court below, and the fact that the defendant seems to have reached most of the restoration to the original state, and there are dependents.

However, in light of the legislative intent of the Act on Special Measures for Designation and Management of Development Restriction Zones to prevent urban disorderly expansion through restricted acts in development restriction zones and to preserve the natural environment surrounding the city, contents, method, period, etc. of the crime of this case committed by the defendant, the crime of this case is not less than that of the defendant, the defendant is highly likely to be subject to criticism repeatedly without being aware that he had been punished several times due to the crime of the same or similar kind of crime, and there is no special change in circumstances to reduce the punishment of the court below in the trial. There is no special reason to reduce the punishment of the court below. It is in balance with the ordinary sentencing in the case of the same or similar case, and other various circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character, character, intelligence and environment, the motive and background of the crime of this case, the period, possibility of recidivism, means and result of the crime, the circumstances, criminal records, criminal relation, family relationship, health condition, etc. after the crime, the defendant's argument 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.

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