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(영문) 광주지방법원 2017.04.19 2016노2101
개발제한구역의지정및관리에관한특별조치법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

According to the records of this case, on November 27, 2015, the defendant was sentenced to a suspended sentence of six months for a violation of the Act on Special Measures for the Establishment and Management of Development Restriction Areas at the Gwangju District Court, and the judgment became final and conclusive on November 14, 2016. The defendant's crime and the above crime, which became final and conclusive on November 14, 2016, in relation to the defendant's concurrent crimes after Article 37 of the Criminal Act, should be sentenced to punishment for the crime of the judgment of the court below in consideration of equity in the case where the judgment is to be rendered simultaneously pursuant to Article 39 (1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows. The first head of the facts charged "The defendant was sentenced to a suspended sentence of two years on November 27, 2015 by the Gwangju District Court for a violation of the Act on Special Measures concerning the Designation and Management of Development Restriction Areas, and the judgment became final and conclusive on November 14, 2016.

In addition, “1. The Defendant’s partial statement” in the “a summary of evidence” column of the judgment of the court below is limited to “1. The Defendant’s legal statement” as “1. The Defendant’s legal statement,” and “1. On-site photographs” added “1. The text of the judgment: the Defendant’s previous records: the Defendant’s legal statement” under “1. The Defendant’s on-site photographs”; and, except for deletion of the description of conduct 10 through 12 on the 2nd page of the judgment of the court below, as described in each corresponding column of the judgment of the court below, the Defendant’

The laws and regulations;

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