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(영문) 제주지방법원 2015.06.11 2015노88
제주특별자치도설치및국제자유도시조성을위한특별법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is unreasonable.

2. The circumstances that the Defendant led to the confession of facts constituting a crime, agreed with the repair association, and closed the route of connection after the detection are favorable to the Defendant.

However, as acknowledged by the evidence duly adopted and examined by the court below, ① various business zones, government administration, etc. related to the use of groundwater should be strictly managed and executed in consideration of the need for natural protection and the efficient use of Jeju-do resources; ② groundwater pipelines managed by F in relation to the development and use of the groundwater of this case should be used for agriculture, etc.; and the defendant operating a fraud business should pay reasonable prices and operate hotels and their affiliated facilities; ultimately, the defendant has no choice to use the government for cost saving; ③ the defendant's co-defendant in the court below's judgment was sentenced to a suspended sentence of two years for April due to the fact that he conspired with the defendant as the head of FF village and used the groundwater; ③ the sentence of a fine was finalized around that time; the defendant was against equity; the defendant's character, conduct and environment; the background and result of each crime of this case; and the circumstances after the crime, etc., and the sentencing conditions in the records and arguments after the crime cannot be considered to have been unfair even if the defendant plans and plans to develop Jeju-do projects favorablely favorable to the defendant.

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

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