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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.
2. The Defendant’s crime of this case constitutes the crime of this case under the following circumstances: (a) abusing the special sale system for persons with disabilities to impair fairness in the process of new apartment sale; (b) inflict damage on persons with disabilities who are bona fide users; (c) encourage real estate speculation; and disrupt housing supply order; and (d) the Defendant did not know even during the period of repeated crime; and (c) committed the crime of this case without being aware of the fact that the Defendant committed the crime
However, the fact that the defendant recognized the crime of this case and reflects the mistake, that the defendant does not commit the crime again through the studio construction project in Jeju-do and does not commit the crime, and does not lead a healthy life, that the former and the branch of the defendant want to support the defendant, and that the defendant has a child to support the defendant.
In addition to the above circumstances, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, crime records, and all the sentencing conditions in the previous theory, the punishment sentenced by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as stated in the corresponding column of the part against the defendant among the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 96 Subparag. 1 and Article 39(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015); Article 30 of the Criminal Act on criminal facts.