logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.07.19 2017노497
도시공원및녹지등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. In light of the circumstances and means of the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, the above assertion by the Defendant is without merit, inasmuch as it seems unfair in light of the following: (a) the Defendant’s confession of the instant crime and the Defendant reflects his mistake in depth while making a confession; (b) the Defendant failed to comply with the demand of voluntarily remove the building, etc. from the competent authority; and (c) there is no change in the sentencing conditions compared with the lower court.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and is so decided as per Disposition (Article 53(2) and Article 24(1)1 of the Act on Urban Parks, Greenbelts, etc.). However, the part of “Articles 53(2) and 24(1)1 of the former Act on the Urban Parks, Greenbelts, etc.” in Article 53 subparag. 2 and 24(1)1 of the same Act on the grounds that it is obvious that the Defendant’s appeal is a clerical error in the “Article 25(1)1 of the Rules on Criminal Procedure,” and it is corrected ex officio pursuant to Article 25(1) of the same Act.

arrow