건설산업기본법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. The instant case is that the Defendant constructed a multi-family housing with a third party’s construction business registration certificate even though it is not a constructor, and such crime is not easy in light of the risk of causing serious social problems, such as defective construction works.
On the other hand, however, the defendant shows his attitude to see and reflect his mistake as a first offender.
Considering the above conditions unfavorable to or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant is too uneasible and it does not seem unfair. Thus, the prosecutor's above assertion is without merit.
3. 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.