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(영문) 수원지방법원 2019.08.23 2018노8160
국토의계획및이용에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the penalty of KRW 24 million for Defendant A, the fine of KRW 10 million for Defendant B: the fine of KRW 10 million for Defendant C; the fine of KRW 8 million for Defendant C; and the fine of KRW 5 million for Defendant D: the fine of KRW 5 million for Defendant D) is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendants by comprehensively taking account of the favorable circumstances and unfavorable circumstances into account.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, comprehensively taking into account the conditions of sentencing, such as the character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., as indicated in the arguments of the court below and the party hearing, the sentence against the Defendants cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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