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(영문) 대전지방법원 2017.05.18 2016노3071
주택법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) declared by the court below on the gist of the grounds of appeal is too unfasible and unfair.

2. In light of the fact that each of the instant crimes committed by the Defendant, based on the following facts, is likely to cause considerable damage to ordinary people in need of house collection by inducing abnormal increase of housing prices, encouraging real estate speculation, impairing the stability of housing prices, and disturbing the order of the housing market, and ultimately, causing considerable damage to ordinary people in need of house collection, the period of the crime is long, gains accrued from the crime is considerable, and the Defendant attempted to destroy evidence together with brokerage assistants and sellers at the investigation stage.

However, the defendant led to the confession of each of the crimes of this case for a considerable period of time, against the wrongness while living in custody, the defendant is the first offender, and the defendant does not repeat again.

In full view of the fact that the office of the certified intermediary, which had been operated during the period, closed down, and other various sentencing conditions as shown in the records and the theory of changes, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, and equity with the punishment against the defendants of the same kind of similar case, the sentence of the court below against the defendant is too unfasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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