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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence against the prosecutor’s Defendants (the 8-month imprisonment, the 2-year probation, the 120-hour community service order, the 8-month imprisonment, and the 2-year suspended sentence) is too unfluent and unreasonable.
B. The Defendant A’s sentence is too unreasonable.
2. The court below, together with the judgment prosecutor and the defendant A’s unfair arguments on the sentencing of each of the offenses of this case, sentenced the above punishment by taking into account the following: (a) the crime of this case harms the fairness of the selection process of winners in the new apartment sale process by abusing the special sale system for persons of distinguished service to the State or persons with disabilities; (b) causes damage to the bona fide users; (c) promotes real estate speculation; and (d) disturbs the housing supply order; (b) the defendants are committing the crime of this case; (c) the defendants are against the recognition and mistake of the crime of this case; (d) there are no same history of the defendants and there are no criminal records exceeding the fine; and
In addition to the circumstances taken into account by the court below, the defendants did not have a significant profit from the crime of this case; Defendant A had a family member to support; Defendant B had a merit for the State as the victims of defoliants in Vietnam.
In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.
There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as the prosecutor asserts, the sentence imposed by the lower court is too unreasonable, or it is too unreasonable or as the Defendant A asserts.