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(영문) 대구지방법원 2012.12.27 2012노2505
건축법위반
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below (the defendant A: 2 years of the suspended sentence of one year of imprisonment, 2,000,000 won of fine, and 2 years of the suspended sentence of ten months of imprisonment, 2 years of fine, 00,000 won of fine) is too unreasonable.

B. Each of the above types sentenced by the prosecutor's court below is too uneasible and unfair.

2. The Defendants and the Prosecutor’s assertion of unfair sentencing, together with the assertion of unfair sentencing by both the Defendants and the Prosecutor, led to the confession of all the crimes of this case, and the Defendants divided their errors in depth. Each of the instant construction sites was changed from a natural environment conservation area to a planned management area, thereby enabling the construction of the five-story building.

However, the Defendants had been sentenced to the punishment of fines once for the same crime for the last ten years, and the crime of this case was committed by the Defendants in collusion with the Defendants with the content that the existing permitted total floor area is much higher than that of the existing buildings, and continued construction even after receiving a corrective order to suspend illegal construction from the competent authorities, and the nature of the crime is bad.

In addition, even though it is impossible to grant ex post facto permission for the portion of illegal construction of each building of this case due to national cultural heritage located around each building of this case, it was not possible to restore the building without permission to the original state until the trial is held.

In light of these circumstances, given the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records, such as the circumstances after the commission of the crime, the sentence imposed by the lower court on the Defendants is deemed appropriate, and cannot be deemed too heavy or too unreasonable. Therefore, each of the aforementioned arguments by the Defendants and the Prosecutor are without merit.

3. According to the conclusion, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all the appeals by the Defendants and the prosecutor are without merit.

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