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(영문) 대전지방법원 2015.06.03 2014노3427
건축법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (three million won of a fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant, who recognized his own crime and is in deep reflect on the recognition of his own crime; (b) the Defendant appears to have caused the instant crime due to the non-existence of relevant statutes; (c) the restoration to the original state is completed in accordance with administrative measures with respect to certain areas of violation; and (d) the Defendant is the primary offender who

Meanwhile, illegal large-scale repair of a building is a serious threat to the safety of the building, as it evades safety measures stipulated by statutes to prevent defective construction, etc., and thus, it cannot be deemed that the large-scale repair and size of the crime of this case are small and that the violation of the Parking Lot Act is minor, and the balance with other cases which were prosecuted and tried together should be considered, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc. and the conditions of sentencing as shown in the pleadings, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s allegation in this part is without merit.

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

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