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(영문) 청주지방법원 2014.05.16 2014노77
건축법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and is against the law, that there is no past record of criminal punishment before criminal punishment, and that the remainder of the building except toilets among the extended buildings without permission of the competent authority has been removed and restored to its original state.

However, considering the above favorable circumstances, the lower court appears to have sentenced to a fine of less than a summary order, and the circumstances such as the fact that toilets for the extended buildings without permission have not yet been removed and that the illegal state has not yet been resolved due to the lack of permission from the competent authority for their extension. Considering the various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, family relation, circumstances leading to the crime, and circumstances after the crime, the lower court’s punishment (700,000 won of fine) cannot be deemed unfair, even considering the circumstances asserted by the Defendant.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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