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(영문) 대전지방법원 2015.06.03 2014노3423
건축법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 9 million) imposed by the court below on the defendant is too uneased and unreasonable.

2. The crime of this case is a large-scale repair of a multi-family house of 21 household, and thus, the size of violation of the Building Act is small, and the defendant was well aware that it was illegal to repair the above without obtaining permission (35 pages of evidence record). In the case of a building illegally repaired without obtaining permission, the fact that fire extinguishing facilities, emergency equipment, etc. are not properly installed, or that it can be vulnerable to fire by using high combustible materials is disadvantageous to the defendant.

However, the fact that the defendant confessions the crime of this case and reflects his mistake, that there is no record of punishment for the same crime, and that there is a family member to support the defendant is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the prosecutor'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.

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