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(영문) 서울중앙지방법원 2018.02.01 2017노3787
도시및주거환경정비법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unfair because it is too unfasible to the defendant (700,000 won of punishment).

Judgment

The crime of this case is committed against the Defendant, as the president of C Apartment Reconstruction Association, by holding an extraordinary general meeting on November 12, 2016 and preparing minutes of the extraordinary general meeting on December 21, 2016 of the same year, and failing to disclose them on the Internet within 15 days, and thus infringing the procedural rights of the association members and violating the quality of the crime is unfavorable to the Defendant.

However, the Defendant recognized the instant crime and opposed to the Defendant, and the Defendant, after the completion of the special general meeting of the partnership, notified the union members of the result thereof through the newsletter and text message, and committed the instant crime with an unlawful intent to commit the instant crime with the result contributed to the Internet car page of the union.

It is difficult to see that it is the first offender (Evidence Nos. 8 through 13, 16, and 18), the first offender, and the possibility of recidivism in the future is low, and the reconstruction association members want to take the Defendant’s preference, and it is difficult to see that the crime of this case is more serious than the deprivation of the Defendant’s qualification as the president of the association, which is favorable to the Defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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