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(영문) 대구지방법원 2015.02.13 2014노2599
개발제한구역의지정및관리에관한특별조치법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, prior to the determination on the grounds for appeal by authority, the prosecutor applied for changes in the indictment to the effect that the Defendant failed to comply with the corrective order among the facts charged in the instant case. Of the facts charged in the judgment of the court below, “The head of the competent Gu has not ordered the installation and use of the container to restore the container to its original state twice after receiving two orders from the head of the competent Gu with regard to the installation and use of the container,” which read, “The head of the competent Gu has not ordered the installation and use of the container to restore the original state to its original state within 30 days from the delivery date of May 20, 2013, and that the head of the competent Gu applied for changes to the restoration order within the development restriction zone to the original state within 10 days from the delivery date of the notice date of the bill to the original state on October 21, 2013,” which became subject to the judgment by this

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence recognized by this court is as follows: "The head of the competent Dong/Dong did not order the installation and use of the above container to restore it to its original state, even after having received two orders from the head of the competent Gu to restore it to its original state with respect to the installation and use of the above container," among the facts charged in the judgment below, within 30 days from the delivery date of May 20, 2013, and within 10 days from the delivery date of October 21, 2013.

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