2015No88 Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of Free International City

Violations

Red ○ (1960s) and ○ hotel Representative

Defendant

In case of criminal prosecution, the head of a Si/Gun/Gu shall hold a trial

Attorney Park Hi-hoon

Attorney Kim Heung-hoon

Jeju District Court Decision 2014Ra1817 Decided February 5, 2015

June 11, 2015

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment of the lower court (six months of imprisonment, two years of suspended execution) shall be unlimited and unfair.

2. Determination

The circumstances that the defendant led to the confession of the facts of the crime, agreed with the repair association, and closed the irrigation channel after the detection are the factors of sentencing 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 administration managed by ○○○○ in relation to the development and use of the groundwater of this case should be used for agricultural purposes, etc., and the defendant operating a fraud business should pay reasonable prices and operate hotel and its affiliated facilities. Ultimately, it cannot be said that the defendant used the purpose of cost reduction. As to Co-Defendant 60 of the court below, the defendant was sentenced to a suspended sentence of two years for a period of four months due to the fact that he conspired with the defendant as a village head and used the groundwater, which became final and conclusive around that time, and the defendant was sentenced to a fine for the defendant's character, character and environment, the background and result of each of the crimes of this case, and the circumstances after the crime, etc., even if the defendant plans and plans to develop several projects in Jeju-do in the future, it cannot be considered unfair.

3. Conclusion

Therefore, 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.

The judge of the presiding judge shall be assistant

Judges Yellow U.S.

Judges Kim Gon-han