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(영문) 인천지방법원 2020.06.18 2019노3200
도시및주거환경정비법위반
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of two million won.

The defendant above.

Reasons

1. Progress of judgment and scope of judgment of this court;

A. On August 13, 2015, the lower court found Defendant A and B guilty of the charges of occupational breach of trust in relation to each of the charges of occupational breach of trust against Defendant A and B, who were co-defendants in the lower judgment, sentenced A and B to a probation of two years, and a community service order of 200 hours for each year, and sentenced Defendant and B not guilty of the charges of violation of the Act on the Maintenance and Improvement of Urban Areas

B. On the judgment of the court below prior to remand 1), A and B appealed on the grounds of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing, and the prosecutor appealed on the defendant and B on the grounds of misapprehension of legal principles as to the defendant and B. 2) The judgment prior to remand 2) accepted the appeal regarding the allegation of unfair sentencing as to Gap and B, the allegation of misunderstanding of facts and misapprehension of legal principles, the prosecutor's assertion of unfair sentencing, the prosecutor's defendant and the prosecutor's assertion of unfair sentencing, and the assertion of unfair sentencing as to Gap and B, and reversed the part of the judgment of the court below on the conviction, and ordered the community service order for two years of suspended sentence as to Eul and 120 hours

C. Supreme Court Decision 1) A and B appealed against the judgment of the court prior to remand, and the prosecutor appealed against the defendant on September 25, 2019. 2) The Supreme Court dismissed the appeal by the prosecutor on September 25, 2019, as it is without merit. The prosecutor's appeal against the defendant is erroneous in the misapprehension of legal principles as to the interpretation of Article 69 (1) 6 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 13508, Sept. 1, 2015; hereinafter "former Do Government Act"), which affected the conclusion of the judgment, and thus, the part of the judgment of the court prior to remand was reversed and remanded to this court.

The appeals against A and B in the judgment of the court prior to the remanding of the scope of the trial by this court are dismissed.

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