Text
Defendant
The appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 3,00,00) of the original judgment is too unreasonable.
2. The circumstances that can be considered include: (a) the Defendant’s mistake was pened and reflected in depth; (b) the fact that most of the diverted farmland appears to have been restored to its original state; and (c) the fact that there was no record of punishment for the same crime.
However, in light of the fact that the farmland area used by the defendant for the crime of this case is significant, and the farmland diversion without permission within the agricultural promotion zone, such as the crime of this case, is efficiently utilized and managed and thereby contributing to the strengthening of agricultural competitiveness, the balanced development of the national economy and the preservation of national land based on the stabilization of farmers' management, the improvement of agricultural productivity, etc., and the legislative purpose of the Farmland Act, etc., which requires strict punishment. In full view of all the sentencing conditions such as the defendant's age, character and behavior, the circumstances leading to the crime of this case, and the conditions before and after the crime of this case,
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.