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(영문) 대전지방법원 2015.08.20 2015노306
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the original judgment is too unreasonable.

2. The circumstances are that the Defendant’s mistake is divided in depth and reflected, changes in the form and quality, and restores the forest converted to its original state, etc.

However, the crime of this case is disadvantageous in light of the legislative intent of the Act on Special Measures for Designation and Management of Development Restriction Zones and the Act on Special Measures for Designation and Management of Development Restriction Zones to prevent any disorderly spread of the Mountainous Districts and urban communities and to ensure the healthy living environment for urban citizens through the rational preservation and use of mountainous districts, and the purport of the Act on Special Measures for Designation and Management of Development Restriction Zones and the change of form and quality, etc., and the fact that the defendant committed the crime of this case even though he had the power to be punished for the same crime in around 2010, considering the defendant's age, character, environment, motive, means and consequence of the crime, all of the sentencing conditions such as punishment after the crime, etc., are too unreasonable.

3. 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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