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(영문) 대구지방법원 2017.07.05 2017노147
농지법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: one year of imprisonment, two years of probation, two years of community service order, 120 hours of community service order, Defendant B: imprisonment with prison labor for eight months of probation, two years of probation, and 120 hours of community service order) that the lower court sentenced the Defendants is too unfasible and unreasonable.

B. The sentence imposed by the court below on the Defendants is too unreasonable.

2. We examine the judgment prosecutor and the Defendants’ assertion together.

The crime of this case was committed in the course of acquiring farmland for the purpose of obtaining trading profits and selling it to the Defendants by unlawful means, and was issued with a certificate of qualification for acquisition of farmland by unlawful means. In light of the motive of the act and the method of the commission of the crime, the Defendants’ period of committing the crime was about 10 months, and the number of crimes is not significant, and is disadvantageous to the Defendants.

However, the defendants are both aware of and reflect on the crimes, there is no criminal record for the defendants, and the defendants do not repeat the same kind of crimes in the operation of the F Incorporated Corporation.

It is favorable to the Defendants.

In full view of the above circumstances and other conditions of all the sentencing as shown in the records and arguments of this case, including the Defendants’ age, sex, environment, motive and background of the crime, circumstances after the crime, equity with the case where the judgment was rendered at the same time with the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the judgment of the court below in the case of Defendant B, since the sentence imposed by the court below against the Defendants cannot be deemed to be too weak or unreasonable, the prosecutor and the Defendants’ assertion are without merit.

3. In conclusion, since both the prosecutor and the Defendants’ appeal are without merit, all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 201Da3642, Jan. 8, 2014).

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