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(영문) 창원지방법원 2017.02.15 2016노3132
하천법위반
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four months;

3. However, for a period of two years from the date this ruling becomes final and conclusive.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects it, and the Defendant is the primary offender who has no record of punishment, etc. is favorable.

However, the crime of this case was committed on August 7, 2016 by the Defendant without permission of the competent authority, which occupied and used the land in the river area without permission, such as providing a flat, etc. and lending a usual figure to citizens who find the place. Before the joint control of this case, the competent authority sent official question to the Defendant before the joint control of this case, and the Defendant provided public relations through the media, but the Defendant neglected to do the above business for his own economic interest. In particular, the Defendant was placed at ordinary times again on August 7, 2016 after the first crackdownd on August 2, 2016 and partially removed on August 4, 2016, and the Defendant’s act of maintaining a close ice in the same form as the Defendant’s crime of this case was repeated in the community. Although the Defendant’s restoration of the original state was necessary, the Defendant’s restoration of the original state to its original state.

However, even after it was controlled by submitting a photograph to reinstate on October 20, 2016, the Defendant appears to have been highly likely to repeat a crime, such as where it appears that he/she did not immediately restore the original state to the original state, etc.

In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, family environment, motive and background of committing a crime, means and consequence of a crime, and the circumstances after committing a crime, the sentence imposed by the lower court against the Defendant is too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-]

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