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(영문) 전주지방법원 2013.05.24 2013노331
건축법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as 4,00,000 won of fine) declared by the court below is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the size of the building where the Defendant was a large-scale repair without obtaining permission from the competent authority; (b) the size of the building extended without reporting is reasonable; (c) the Defendant did not have any history of punishment for the same kind of crime; and (d) recognized that the Defendant committed the instant crime; (c) the Defendant’s unlawful large-scale repair and extension of the part illegally was restored to its original state; and (d) other circumstances constituting the sentencing conditions specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the Defendant’s punishment imposed by the lower court is deemed to be unreasonable, and thus

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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