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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The lower court’s sentence against the Defendants on the summary of the grounds for appeal (a fine of KRW 12,000,000, Defendant B: a fine of KRW 6,000) is too unfford and unreasonable.
2. The Defendants’ crime of this case is not likely to be committed in a sense that excluding the intent of the Act on Special Measures for Designation and Management of Development Restriction Zones to prevent any disorderly expansion of the city and to conserve the natural environment surrounding the city.
Defendant
A The area of land, the form and quality of which was changed without permission from the competent authority, is not smaller than KRW 2,500 square meters, and Defendant B leased three greenhouses of 847.6 square meters from Defendant A without permission, and changed the purpose of use without permission and used it as a warehouse. The Defendants’ criminal liability is not minor.
The Defendants did not comply with the corrective order and did not seem to have been restored to their original state.
However, the Defendants appear to have the attitude of recognizing and opposing all their criminal acts, and there is no same record as the Defendants, and there is no previous record exceeding the fine, in the case of the Defendant A, the Defendant’s wife appears to be not good, and the Defendant’s wife is going to restore to its original state by doing so, and the Defendants’ age, sex, environment, family relationship, motive and circumstance of the crime, and all of the sentencing conditions specified in the instant records and arguments are considered in consideration of the following: (a) the Defendant’s punishment against the Defendants cannot be deemed to be unfair because the Defendant’s punishment is too unfeasible; and (b) the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.