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(영문) 의정부지방법원 2014.03.12 2013노1342
건축법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant made a confession to and reflect against the instant crime; (b) the fact that the Defendant has no record of punishment for the same type of crime; (c) the Gyeonggi-do Governor, after the instant crime, abolished the restriction on the number of households in the instant area following the instant general industrial complex management plan, making it possible to extend the number of detached houses without the permission of the competent authority; (d) accordingly, the Defendant’s extension of the number of households in the instant area without permission to restore the area to its original state without permission, such as the extension of the number of households from 3 to 11 households; and (e) the Defendant’s use of the instant detached house was approved by the competent authority on January 17, 2013; and (e) the Defendant’s payment of KRW 24,607,70 as to the instant charges for compelling execution; and (e) the Defendant’s allegation that the Defendant had no economic motive and influence in the instant area after the instant crime was found to have been found to have no economic benefit from the instant crime.

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

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