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(영문) 광주지방법원 2016.08.17 2015노3351
개발제한구역의지정및관리에관한특별조치법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence to six months of imprisonment) is too unreasonable.

2. The decision-making defendant recognizes all his mistake and reflects his fault.

There is no record of criminal punishment against the defendant.

The instant crime may be considered in light of the circumstances, such as the revocation of the instant permission, with the permission for the construction of the number of Bongyang-gun and the permission for changing the form and quality of land.

This is the circumstances favorable to the defendant.

On the other hand, the court below also rendered a sentence in consideration of such favorable circumstances, and there is no new change in circumstances to be considered in sentencing after the sentence of the court below.

The crime of this case is a concrete package of 892m2 on land of 2,658m2 in total area, with a steel hold installed on the land of 892m2.8m2, and the size of illegal buildings is not small.

The defendant has not yet been restored to its original state.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

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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