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(영문) 대전지방법원 2016.10.26 2016노1113
건축법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of a fine of KRW 30 million is too unreasonable.

2. It is recognized that there are favorable circumstances such as the Defendant’s acknowledgement of all of the instant crimes.

However, according to the following circumstances: (a) the Defendant committed the instant crime even though he was well aware of the fact that the said act was in violation of the Building Act; (b) the building without permission was up to three buildings; (c) the building without permission is up to three buildings; and (d) the act of substantial repair without permission, etc.; and (c) the Defendant was punished by the crime of violating the Building Act, the Defendant’s liability cannot be deemed to be less than the Defendant’s liability.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

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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