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(영문) 창원지방법원 2018.06.14 2017노3382
산업집적활성화및공장설립에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (each fine of 4 million won) is too unreasonable.

2. Although there are favorable circumstances such as that the Defendants led to the confession of the instant crime at the investigative agency, the instant crime is not deemed to be in violation of the legislative intent of the “Act on Promotion of Industrial Cluster and Establishment of Factories,” which prevents the Defendants from obtaining gains from the market price gains by resaleing the industrial site for the purpose of speculation, and systematically managing the industrial location, etc., in view of the fact that it is not good to commit the instant crime, even if there were the records of punishment for fines several times due to the same type of crime, there is no special circumstances or change of circumstances that may be newly considered after the sentence of the lower judgment, and there is no other special circumstances or changes of circumstances that may be newly considered after the sentence of the lower court, and there is no reason to view all the sentencing conditions indicated in the records and changes theory, such as the motive, means and consequence of the instant crime, and the circumstances after the crime. Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the “Act on Promotion of Industrial Cluster and Establishment of Factories” in the “Act on Promotion of Industrial Cluster and Establishment of Factories” in the application of the law of the lower judgment is apparent that the Defendants’ appeal is erroneous, and thus, ex officio correction is made in accordance with Article 25 of the Regulations on Criminal Procedure.

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