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(영문) 수원지방법원 2012.07.25 2012노2420
국토의계획및이용에관한법률위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, one year of suspended execution, and 80 hours of nature protection activities) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. On the part of the Defendant and the Prosecutor’s argument, the crime of this case is deemed to have failed to implement the restoration order of the competent authority over several occasions without obtaining permission from the competent authority to change the form and quality of the land, and the nature and circumstances of the crime are not weak. However, in full view of the following circumstances: (a) the Defendant was found to have committed a mistake and restored the land of this case to its original state; and (b) the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., which are conditions for sentencing, the sentence imposed by the lower court is too weak or unreasonable.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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