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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence imposed by the court below (two years of imprisonment with prison labor for six months) is too unreasonable.
2. The judgment of the Defendant is recognized as having a record of being sentenced to a fine once for the same offense, a fine of five times for the same offense, and that the Defendant’s land exclusively used for camping grounds is 15,521 square meters or more without obtaining permission from the competent authority.
However, considering the following factors: (a) the Defendant led to the instant crime; (b) completed restoration to the original state as farmland on the farmland as stated in the holding of the lower judgment; (c) equity in punishment with co-defendants; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions indicated in the records, such as the circumstances after the instant crime, the punishment imposed by the lower
3. Accordingly, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.
Criminal facts
The summary of the facts and evidence recognized by this court is identical to those stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 57(2) and 34(1) of the Farmland Act that choose a sentence, Article 30 of the Criminal Act, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;