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(영문) 창원지방법원 2017.11.23 2017노2636
공인중개사법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (4 million won) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. In light of the judgment, it is advantageous to the fact that the defendant recognized his mistake and reflects the defendant, and that there is no other criminal history except for the punishment of fines once due to the duties of the authorized broker in 2013 and the violation of the new Act on Real Estate Transactions. The crime of this case has been committed six times in total for about one year from February 29, 2016 to March 18, 2017, and it is disadvantageous to the fact that there is no record of punishment for the same kind of crime.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal by the defendant and the prosecutor 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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