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(영문) 서울중앙지방법원 2016.02.17 2015노4289
건축사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the first instance judgment, did not unfairly receive money and valuables.

B. Sentencing 1 Sentencing 200,000,000 won, which is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the Defendant may recognize the fact that the Defendant received money from K and F unfairly as stated in the judgment of the first instance court.

Therefore, there is no error of misunderstanding the facts in the first instance court that made the above judgment, and the defendant's assertion is without merit.

B. In full view of the following circumstances: (a) the Defendant committed the instant crime; (b) the circumstances after the Defendant committed the instant crime; and (c) the Defendant’s age, sexual conduct, environment, family relationship, and criminal record; and (b) the first deliberation sentencing on the Defendant does not seem to be unfair because the Defendant’s sentencing on the grounds that the first deliberation sentencing on the Defendant is too unreasonable. Therefore, the Defendant

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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