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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 7,000,000.
The above fines are imposed by the Defendants.
Reasons
1. The summary of the grounds for appeal (for the accused, four months of imprisonment and one year of suspended execution) of the lower court is too unreasonable; and
2. Although the defendants' exclusive farmland area to be determined is not less than a significant size and its nature is against each of the crimes of this case, the defendants were led to the confession of each of the crimes of this case and there was no record of punishment for the same crime besides a single fine, the defendants restored the function of farmland as farmland by completing restoration of each of the farmland of this case at the court below, and the defendants Eul's exclusive farmland is located outside the agriculture promotion area, including the defendants' age, character and behavior, living environment, the means and result of each of the crimes of this case, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, it seems that the sentence of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged against the Defendants and the summary of the evidence recognized by this court is the same as the relevant column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 57(1) and 34(1) of the Farmland Act (Selection of Fines);
(b) Defendant B: Articles 57(2) and 34(1) of the Farmland Act (Selection of Fines);
1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;