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(영문) 의정부지방법원 2012.12.28 2012노2098
국토의계획및이용에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant (a fine of eight million won) sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the grounds for appeal on unreasonable sentencing by the Defendant and the prosecutor.

It is recognized that all of the Defendant recognized the instant crime, and that there is no record of punishment for the same kind of crime, etc., and on the other hand, it is recognized that the Defendant did not stop the instant crime and restore it to its original state, such as construction of a structure without obtaining permission for development activities, changing the form and quality of land, etc.

In full view of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, background leading to this case, and various circumstances that form the sentencing conditions specified in the pleading of this case, the sentence of the court below is too heavy or uncomfortable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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