정보통신공사업법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal asserts that the court below's imprisonment (six months of imprisonment) is too unreasonable.
2. Each of the crimes of this case in light of the purport of the Information and Communications Construction Business Act, which aims to promote the proper execution of information and communications construction projects and the sound development of construction business, is an unfavorable circumstance to the Defendant, in light of the fact that the Defendant was registered as an information and communications construction business (hereinafter “construction business”) and operated construction business by unlawful means, and was used by lending another person’s career pocket books over several times.
However, considering the fact that the defendant recognized the crime in the trial of the party, the fact that the defendant has no record of punishment for the same kind of crime, there is a family to support the defendant, and the fact that the defendant reflects his mistake through confinement life for about two months, etc., the court below's punishment is inappropriate, taking into account various circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., as a whole, the court below's punishment is inappropriate.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment of the court below in addition to changing "1. The defendant's partial statement" from the summary of the evidence to "1. The defendant's oral statement"
(Article 369 of the Criminal Procedure Act, however, Article 25(1) of the Rules on Criminal Procedure clearly states the error of “E, F, G, and H” among the facts constituting the crime of the lower judgment, and thus, the application of the Act and subordinate statutes ex officio is corrected pursuant to Article 25(1) of the Rules on Criminal Procedure.
1. Relevant provisions concerning facts constituting an offense;