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(영문) 수원지방법원 2018.08.17 2018노3252

건설산업기본법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The lower court sentenced a fine of KRW 3 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts constituting the conditions for sentencing in this court, in particular, the sentencing of the court below exceeded the reasonable bounds of its discretion in view of the fact that the court has already rendered a fine mitigated than a summary order (five million won penalty) in the court below in consideration of the circumstances alleged by the defendant, and the sentences, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal for conclusion is without merit.