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(영문) 인천지방법원 2017.12.20 2017노2731
건축법위반등
Text

The judgment below

The remainder, excluding the part concerning the application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (the imprisonment of 4 years and 6 months and the fine of 500,000 won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

The lower court applied Articles 108(1), 11(1), and 108(1), and 19(2)2 (each statutory punishment: imprisonment with prison labor for not more than three years or a fine not exceeding 500 million won) of the current Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply) with respect to the above criminal facts committed during the period of the violation of the Building Act, which were committed on February 4, 2017, which were low before the said Act enters into force, and thus, Article 108(1) and (3) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply) and Article 108(1), 108(1), 108(1), 108(1), and 500,000 won (no more than a fine not exceeding 500 million won).

Therefore, the judgment of the court below can no longer be maintained.

3. As such, the remaining part of the judgment of the court below, excluding the part concerning the application for compensation order, is reversed ex officio. Thus, without examining the defendant's unfair argument of sentencing, the remaining part of the judgment below excluding the part concerning the application for compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act shall be reversed, and the following decision shall be

[Re-written judgment (the remainder of the judgment of the court below excluding the part concerning the application for compensation order)] The summary of criminal facts and evidence recognized by this court and the summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, it is based on Article 369 of the Criminal Procedure Act.

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