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(영문) 의정부지방법원 2014.07.16 2013노1373
농지법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unreasonable.

2. In light of the above circumstances and the circumstances favorable to the defendant, it appears that the defendant made a confession of the crime of this case and made a statement that it is divided, the defendant has no record of punishment except for the punishment imposed by the crime of violating the Electronic Financial Transactions Act on around 2012, and there is no record of punishment for the defendant, and the defendant obtained ex post facto permission to divert farmland of 6,787 square meters among the farmland in the judgment of the court below. However, there are circumstances favorable to the defendant, such as the defendant's use of the land used for camping ground, swimming pool, swimming pool, etc. without the permission of the competent authority, and there is a substantial wide size of the area. In addition, considering the above circumstances and circumstances favorable to the defendant, there is no change in the court below's punishment, and considering other special circumstances that the court below has to change the defendant's punishment in the trial court's age, character and behavior, intelligence and environment, the motive, means and result of the crime of this case, circumstances after the crime, family relation, etc., the defendant's argument is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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