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(영문) 의정부지방법원 2013.05.02 2013노28
농지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment of the court below is unreasonable because the punishment of a fine of KRW 500,00 is too unhued.

2. Although it is recognized that the Defendant used farmland up to 400 square meters without the permission of the competent authority as a site for piling up containers, etc. over five years, considering the following factors: (a) the Defendant had no other same criminal records besides having been sentenced to several fines; (b) the Defendant has restored the farmland already being used to be investigated into the instant case to its original state; and (c) the Defendant’s age, character and conduct, occupation and environment, circumstances and consequence of the crime; and (d) the various sentencing factors indicated in the instant case, including the circumstances after the crime, etc., the sentence of the lower judgment cannot be deemed to be unreasonable as it is too unreasonable.

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.

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