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(영문) 대전지방법원 2016.07.15 2015노3823
공인중개사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the defendants to be sentenced to the lower court’s punishment (2 million won by each fine).

2. The judgment of the Defendants led to the confession of the instant crime; Defendant A was sentenced to a suspended sentence of two years in August 1989 due to the violation of the Punishment of Violences, etc. Act in 1989; Defendant B had no record of criminal punishment after having been sentenced to a suspended sentence of two years; Defendant B had no record of criminal punishment except for a crime of violating the Road Traffic Act in 2003, which was punished by a fine of one million won.

On the other hand, the crime of this case appears to have been committed by Defendant A, and Defendant B, to have obtained approximately KRW 2.9 million, taking into account all favorable circumstances to the Defendants, and the lower court appears to have determined the punishment by taking into account all the circumstances that have already been favorable to the Defendants, and there is no change in circumstances that may change the sentence against the Defendants after the pronouncement of the lower judgment, and other circumstances such as the motive, background, means and method of the crime of this case, circumstances before and after the crime of this case, and the age, sex, career, environment, etc. of the Defendants as shown in the argument of this case, the lower court’s punishment against the Defendants cannot be deemed to have been unduly unfair.

The above assertion by the Defendants is without merit.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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