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(영문) 의정부지방법원 2013.09.12 2013노1343
농지법위반등
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

1. The judgment of the court below against the Defendants in the summary of the grounds for appeal is unreasonable because the punishment (two million won per fine) of the court below is too unreasonable.

2. Determination

A. Although it is recognized that Defendant A had the record of being punished twice for the same kind of crime, Defendant A’s assertion, etc., it is deemed that the above Defendant committed a crime and is against the wrongness, and that the above Defendant already used the instant agricultural warehouse (9m2) as sales facilities, such as clothes, regardless of agricultural production or farmland improvement from June 20, 201 to January 9, 2012, a fine of KRW 1 million was issued for a summary order of KRW 1 million (201No. 11905, 1905, 200) due to the fact that the said Defendant had already used the instant agricultural warehouse (9m2) as sales facilities, such as clothes, etc., regardless of agricultural production or farmland improvement. The above agricultural warehouse is classified into “miscellaneous land” and the land category of the said site is considered as “miscellaneous land,” and thus, it seems that the above Defendant’s age, character and behavior, occupation and environment, circumstances of the crime, and the circumstances after the crime, etc. are somewhat heavy.

B. As to the Defendant B’s assertion of the crime, Defendant B’s mistake is against the wrongness while committing the crime; the above Defendant did not have any record of punishment for the same kind of crime; the above Defendant’s disability of class 4 with visual disability that makes it difficult for him to conduct economic activities; and the above Defendant’s age, character and conduct, occupation and environment, circumstances and result of the crime, and various sentencing factors indicated in the instant case, such as the circumstances after committing the crime, are somewhat heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following decision is rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, so the Criminal Procedure Act.

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