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(영문) 의정부지방법원 2016.09.29 2015노2031
개발제한구역의지정및관리에관한특별조치법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

The decision of the court below on the grounds of appeal is unfair because the sentence imposed on the defendant (two years of suspended sentence for six months of imprisonment) is too unreasonable.

Judgment

Even though the defendant had been punished for the same crime, the defendant committed each of the crimes of this case, and the area where the defendant committed the illegal act is relatively wide.

However, among the parts committed by the lower court and the lower court, the Defendant restored almost to its original state the remainder, excluding the parts that are practically difficult to recover due to collapse risk, etc., and the Defendant appears to have obtained the permission for the extension of the F in this case from I on August 25, 2016.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Specific Development, and Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (the point of unauthorized Construction for Profit), the proviso to Article 12(1)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (the point of installation of an unauthorized structure for profit) and the proviso to Article 12(1)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, and the proviso to Article 31(2)1 and the proviso to Article 12(1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (the point of permission for profit change);

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