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(영문) 서울중앙지방법원 2018.09.06 2018노1141
국토의계획및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 700,000) is too unreasonable.

2. The appellate court’s judgment is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared to the first instance judgment, and where the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have rendered a fine of KRW 700,00,000, by comprehensively taking into account the following factors: (a) the Defendant’s removal of partitions or work units inside a vinyl house, etc. and partial restitution was made; (b) the Defendant had no criminal history; and (c) the Defendant’s age, career, sex behavior, environment, motive and background of the crime, details and duration of the crime, and the circumstances after the crime, etc.

The judgment below

There is no special change in circumstances that may be newly considered after the pronouncement of a sentence. [It is difficult to view that materials submitted by a defendant in the trial of a political party are similar to materials submitted by an investigative agency (Evidence No. 24 pages) and completely removed a temporary building, such as a vinyl house, etc., in light of the circumstances of all kinds of sentencing as shown in the records and arguments in this case, equity with similar cases, etc., the sentence of the court below is too unreasonable and it is not determined that the defendant exceeded the reasonable scope of discretion, even considering various circumstances asserted by the defendant on the grounds of appeal

Therefore, the defendant's assertion is without merit.

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

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