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(영문) 대법원 2015.02.26 2014도13572

건설산업기본법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful on the ground that the defendants guilty of the defendants by failing to exhaust all necessary deliberations and by misunderstanding the relevant legal principles, although they did not have any fact that they had performed or had to perform the instant construction work by lending the trade name of another company.

However, the finding of facts and the selection and evaluation of evidence conducted under such premise are within the discretionary power of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, and the defendants' grounds of appeal are not legitimate grounds of appeal on the grounds that they dispute the fact-finding belonging to the discretionary power of the court below or asserted the misapprehension of legal principles on the premise

Furthermore, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the lower court’s punishment is too heavy is not a legitimate ground for appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.