beta
Text
The judgment of the court below is reversed.
Defendant
Punishment A against A shall be six months of imprisonment, and the punishment against Defendant B and C shall be imposed on each fine.
Reasons
1. The summary of the grounds for appeal (for defendant A: 6 months of imprisonment, defendant B, and C: 2 years of suspended sentence of imprisonment for each of 4 months) is too unreasonable; and
2. The instant crime is an unfavorable circumstance that: (a) the disabled who did not intend to acquire and own a house, thereby restricting the opportunities for the disabled to be provided with a house through a special supply; (b) thereby making it possible for the general public who are not entitled to receive a special supply to acquire and own a house corresponding to a special supply; and (c) distort the housing supply system as prescribed by the Housing Act, and thus seriously punishing them.
However, in light of the favorable circumstances, including the fact that the defendants are divided into and contradictory to their mistake, the defendant A contributed 34.5 million won to the Community Chest of Korea in the appellate trial, the profits acquired by the crime of this case are deemed to have been used for the Association of Persons with Disabilities; the defendant A appears to have difficulty in living in prison due to disease; the defendant B and C are working as the branch head of the Association of Persons with Disabilities; the defendants did not have any history of punishment for the same crime; the defendants did not have any history of resale; and the circumstances of the crime of this case are not prohibited, and all of the sentencing conditions of this case, such as the age, character, environment, circumstances and result of the crime of this case, etc., the court below's punishment is unreasonable. Thus, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below.