logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.15 2017노7123
건축법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasoning of the appeal is too unreasonable because the punishment (10 million won in penalty) declared by the court below is too unreasonable, and the prosecutor asserts that it is too unfied and unfair.

2. The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized, and the defendant has long been punished once due to the crime of this species, and there is no other penalty, and the defendant appears to have been partially restored to the original state by placing materials accumulated after the crackdown.

On the other hand, since the defendant changed the use of a building without reporting to the competent authority, and used a building for parking lot in violation of the parking lot use ratio under the Parking Lot Act, the corresponding punishment is inevitable, and the area of the violation is considerable, etc. that are disadvantageous to the defendant.

Considering the above circumstances and other circumstances, comprehensively taking into account the administrative sanctions, such as the balance of sentencing with the same kind of case, whether and to what extent the court has made efforts to restore the original state, the Defendant’s age, sexual conduct, environment, motive of the crime, and the circumstances after the crime, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since each 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.

arrow