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(영문) 수원지방법원 2017.09.08 2017노867
농지법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (15 million won in penalty) is too unhued and unreasonable.

2. The crime of this case, which was committed on August 10, 2015, where the Defendant used farmland outside the agriculture promotion area without obtaining permission to divert farmland for the purpose of farming, and occupied and used land outside the river area for the purpose of parking lot without obtaining permission to change the purpose of occupation and use after obtaining permission to occupy and use the river for the purpose of farming, and the quality of the crime is not weak. The Defendant was discovered to have committed the same illegal act on August 10, 2015 and completed restoration to its original state on December 16, 2015, and repeated the crime of this case with the same content during the grace period of two years after having been sentenced to the suspension of the execution for four months in prison on December 16, 2015.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was discovered to have committed the instant crime; and (c) the Defendant completed the restoration to the original state after the Defendant was found to have been found to have been aware of the land category after obtaining the construction permit after the instant crime; and (d) the Defendant was scheduled to change the land category of the instant land in the future; and (b) other various circumstances, which are the conditions for sentencing as indicated in the record, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime; and (c) the circumstances after the crime

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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