logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.01.14 2014노2307
국토의계획및이용에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of a fine of KRW 3,00,000 (the fine of KRW 3,000) is too unhued and unreasonable.

2. The crime of this case was committed on the ground that the Defendant illegally constructed 13 buildings without obtaining development permission, and thus, failed to comply with the order of restoration from the competent authority three times, and the Defendant again committed the crime of this case, even though he had the record of punishment four times in the past on the ground that he constructed the illegal building and did not remove it.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable. In so doing, it is difficult to deem that the lower court’s punishment is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor'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.

arrow