주택법위반등
All appeals by the Defendants and the Prosecutor are dismissed.
1. The summary of the grounds for appeal against the Defendants is too heavy or unreasonable for each sentence of the lower court (two years of suspended sentence for each two-year imprisonment, observation of protection, and community service order for 180 hours).
2. Determination
A. The circumstances are favorable to the defendant, such as the fact that the defendant A was found to have committed the instant crime and against the wrong determination, that the equity with the case of the crime of violating the Housing Act should be considered at the same time as the case of the crime of violating the Housing Act in the final judgment, and that the defendant's family members want to take the place against the defendant.
However, in light of the details and methods of each of the instant crimes, and the frequency of the instant crimes, the crime of violating the Rental Housing Act among the instant crimes is very poor, and the crime of violating the purpose of the public rental housing business for the stabilization of housing life of homeless people is prejudicial to the purpose of the private rental housing business for the stabilization of housing life. The crime of violating the Housing Act requires strict punishment as it impedes the fair and efficient supply of multi-family housing and disturbs the market order, and the Defendant repeatedly committed the instant crime even though he had been sentenced to a fine of two million won due to the violation of the Housing Act around 2006.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, etc., there are no special changes in circumstances that make different from the lower court’s sentencing conditions, such as the records of this case as well as the circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
B. The circumstances favorable to the Defendant include: (a) Defendant B recognized all of the instant crimes; (b) took advantage of the Defendant’s health condition; and (c) the Defendant’s family members want to take the Defendant’s wife against the Defendant.
However, in light of the contents and methods of each of the crimes in this case, and the frequency of the crimes.