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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.08.14 2017노3170
개발제한구역의지정및관리에관한특별조치법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the sentence (4 million won in penalty) declared by the court below against the defendant.

2. Each of the instant crimes committed by the Defendant, without obtaining permission from the competent authorities, newly constructing three warehouses with a total floor area exceeding 200 square meters in a development restriction zone, and packaging aggregate on the land equal to 1,082 square meters in a size equal to that of a 1,082 square meters, and failing to comply with a corrective order issued by the competent authorities for the restoration of the original state without justifiable grounds, and the crime’s quality is not weak in light of the process of and content of the relevant crime

On the other hand, however, the defendant shows an attitude against his mistake, and the defendant seems to have already completed recovery, and the defendant has no record of criminal punishment or criminal punishment of suspension of qualification or more severe punishment for the same crime.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's assertion above is without merit, since the sentence imposed by the court below is too uneasible and it does not seem unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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