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(영문) 대구지방법원 2017.12.14 2017노4594
국토의계획및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court rendered the above sentence by taking account of the favorable circumstances, such as the fact that the Defendant again committed the instant crime even during the period of repeated crime, the Defendant’s alteration of the form and quality of land is reasonable, and there is no fact of restitution to the original state, the Defendant recognized his mistake and reflects his restoration, the Defendant is taking the restoration to the original state, and the Defendant should consider equality with the case where he was tried at the same time as the offense of violation of the Narcotics Control Act as indicated in the lower judgment.

In full view of the circumstances, other than the circumstances taken into account by the lower court, there is no change of circumstances in the lower court’s sentencing; 10 times more than the Defendant’s halogic sentence; and other conditions of all the sentencing, including the Defendant’s age, sexual conduct, environment, circumstances leading to the Defendant’s crime; the means and consequence; the scale of the crime and the circumstances after the crime, etc., the lower court’s sentence is deemed reasonable; and the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

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

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