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(영문) 창원지방법원 2015.05.20 2015노284
국토의계획및이용에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the imprisonment of two years, the fine of three million won, and the community service order of 80 hours) imposed by the court below is excessively unreasonable.

2. Although there are favorable circumstances such as the confession and reflect of the judgment by the defendant, the restoration of the farmland exclusively used by the defendant to the original state, and the fact that the defendant does not have the same criminal record, the defendant’s size was equivalent to 4,058 square meters in total by diverting or developing the farmland for about four years and ten months without permission, and the court below sentenced the judgment of the court below by fully taking into account the favorable circumstances of the defendant, such as the fact that there was no special reason for changing sentencing after the decision of the court below, and other unfavorable circumstances such as the defendant’s age, character, character, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below cannot be deemed to be undue, considering the circumstances after the crime, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

(However, the application column of the statute in the judgment of the court below is as follows). Application of the statute

1. Subparagraph 1 of Article 140 of the Act on the Planning and Utilization of National Land Planning and Utilization of Relevant Acts concerning criminal facts (the point where a building is constructed without permission, the choice of imprisonment), Articles 57 (1), 34 (1) of the Farmland Act (the point where a farmland is diverted without permission, the choice of imprisonment), Articles 58 subparagraph 1 and 32 (1) of the Farmland Act (the point where a land is used without permission, the choice of imprisonment), Articles 11 subparagraph 1 and 14 (1) 2 of the Building Act (the point where an unregistered building is constructed);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 62(1) of the Criminal Act:

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