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(영문) 부산지방법원 2017.07.11 2017노309
주택법위반
Text

The defendant's appeal is dismissed.

Reasons

The court below's sentence (2,00,000 won) against the defendant as to the summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, and the fact that the defendant is the first offender who has not been subject to criminal punishment so far.

However, the crime of this case is highly likely to eradicate the crimes of this case, which are highly detrimental to society, such as promoting the fairness of the selection process of winners in the new apartment sale process, causing damage to the users in good faith, and impairing the housing supply order, and it is highly necessary to eradicate them through strict punishment. The Criminal Procedure Act of our Criminal Procedure, which takes the principle of court-oriented trial and direct care, has unique areas of the first deliberation on the determination of sentencing, and there is no change in the sentencing conditions compared with the first instance court, and where the first deliberation sentencing does not deviate from the reasonable scope of discretion, and the first deliberation sentencing does not go beyond the reasonable scope of discretion, it is reasonable to respect it if it does not change the sentencing conditions of the defendant's age, and there is no special change in circumstances that are favorable to the defendant's body after the change in circumstances, such as the circumstances in the circumstances of the defendant's society (see Supreme Court Decision 2015Do360, Jul. 23, 2015).

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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