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(영문) 창원지방법원 2018.07.11 2018노536
국토의계획및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of five million won);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court rendered a sentence by comprehensively taking into account the following factors: (a) partial restitution; (b) the fact that there was no record of the same kind of punishment; and (c) the Defendant’s age, sex behavior, environment, circumstances, and circumstances after the commission of the crime, etc.

(c)

In the instant case, there is no special circumstance or change of circumstances that may be newly considered after the pronouncement of the lower judgment (the materials submitted by the Defendant in the trial shall not be directly related to the instant case). In view of the fact that the area of changing the form and quality is significant without obtaining permission, as well as the two instances of the same kind of case, and other sentencing circumstances as indicated in the records and arguments, and the reasons for sentencing of the lower judgment, even if considering the various circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable and it is not determined that the Defendant exceeded

Therefore, the defendant's assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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