건축법위반등
All judgment of the first instance is reversed.
Defendant shall be punished by a fine of KRW 1,200,00.
The above fine shall be imposed on the defendant.
1. The sentencing of the first instance court (the first instance court: the fine of KRW 500,00,000, the second instance court: the fine of KRW 1 million) against the accused is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, each appeal case against the defendant against the above judgment of the court of first instance was joined in the court of first instance, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence is imposed on them. Thus, the judgment of the court of first instance cannot be maintained any more.
3. In conclusion, the judgment of the court of first instance is reversed ex officio without examining the defendant's respective grounds for reversal of unfair sentencing, and the judgment of the court of first instance is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the evidence related thereto are as shown in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 11 Subparag. 1 and Article 14(1) of the former Building Act (amended by Act No. 12701, May 28, 2014); Articles 109(1) and 36 of the Labor Standards Act for criminal facts; Selection of each fine for negligence
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include circumstances that may be considered in light of the circumstances leading to each of the crimes of this case, the recognition and reflection of the defendant's mistake, and other conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, family relationship, criminal records, and circumstances after the crime, shall be determined as ordered by the defendant.