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(영문) 부산지방법원 2016.06.02 2016노37
건축법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (Defendant A: fine of 8 million won, Defendant B: fine of 3 million won) of the lower court is deemed to be too unhued and unreasonable.

2. The following are circumstances that are unfavorable to the Defendants: (a) the area of the instant development activity is wide, the form and quality alteration level of the instant development activity is not easy; (b) the land is not restored to its original condition; and (c) the conservation of the natural environment and the sound and sustainable management of land and the prevention of the disorderly proliferation of illegal development activities.

However, considering various sentencing conditions, such as the Defendants appear to have committed the instant crime for the purpose of disaster prevention, such as heavy rain and landslide, the removal of containers that are illegal buildings by Defendant A, the Defendants did not have the same criminal record, and the Defendants’ age, sex, environment, circumstances leading to the commission of the crime, the means and methods of the crime, and the circumstances after the crime, it is difficult to view that the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, the Prosecutor’s appeal is dismissed in entirety under Article 364(4) of the Criminal Procedure Act.

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