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(영문) 인천지방법원 2017.08.11 2017노1046
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (unfair sentencing) is too unreasonable. It is so unfair that the lower court’s punishment (4 million won in punishment) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. The judgment of the court below is the removal of the container stuff of this case, the facts constituting the crime are recognized, and it is against the law. However, the court below is deemed that the defendant was sentenced to punishment in consideration of the above circumstances favorable to the defendant. In light of other various circumstances, including the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the court below's punishment is too heavy or unfeasible, and thus, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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