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(영문) 창원지방법원 2013.07.25 2013노486
하천법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. We examine the judgment, although it is recognized that the defendant did not comply with the order of recovery twice from the macro market despite being ordered to restore the original state, it is recognized that the defendant led to the confession and wrong of each of the crimes of this case, there is no criminal records punished for the same kind of crime. The land of this case has been inherited or donated by the defendant's father and the defendant in succession or donation from around 1926. The land of this case was originally "the previous land category" but the original land category was "the previous land category was changed to "river" while dividing the land around January 1985. However, the registration of alteration due to the change of land category was completed on December 14, 2006, and the registration of alteration due to the change of land category was completed on December 14, 2006, and there was no other defendant's age, character and behavior, environment, motive, means and result of each of the crimes of this case, and all of the records and arguments in this case after the crime. Thus, the defendant's assertion of unfair sentencing is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Articles 95 and 95 subparagraph 5 of the River Act, Article 33 (1) of the River Act (a point where any change in the form and quality is occupied), Articles 95 and 69 (1) 1 of the River Act (a point where any order for reinstatement is not complied with), the selection of each fine concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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