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(영문) 대구지방법원 2015.06.25 2014노2793
건축법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two years of suspended execution and five million won of fine for six months of imprisonment) is too unreasonable.

2. The fact that the factory area extended by the defendant without permission is not small is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects his mistake, there is no record of punishment for the same kind of crime, and the fact that the defendant completed registration with permission for the extension and removed all of the illegal state is favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by 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, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 108 and Article 11(1) of the former Building Act (amended by Act No. 12701, May 28, 2014);

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. In full view of the conditions of sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence is determined as per Disposition.

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