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(영문) 대법원 2018.08.01 2018도7487
개발제한구역의지정및관리에관한특별조치법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the violation of the Act on Special Measures for Designation and Management of Areas subject to Development Restriction, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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