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(영문) 대전지방법원 2015.05.28 2015노179
건축법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court against the Defendant is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant seems to have led to the confession of the facts charged in the instant case and to reflect his mistake; (b) the defendant is the first offender who has no criminal power; (c) the part extended by the defendant has been restored to the original state in accordance with the corrective order; and (d) the tenants have been obliged to immediately restore the remaining part after leaving

However, in light of the scale, etc. of the crime of this case, it is unnecessary to consider the similar cases in the area where the crime of this case was committed and the equality of sentencing. In addition, considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as Defendant’s age, character, character, environment, motive, means and consequence of the crime of this case, etc., the sentence of the original judgment is too unreasonable. Thus, 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 as it is without merit. It is so decided as per Disposition.

[However, in the application of the law of the court below, it is obvious that the "Building Act" in the second sentence is a clerical error in the "former Building Act (amended by Act No. 12701, May 28, 2014)", and thus, it is corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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