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(영문) 수원지방법원 2017.11.13 2017노4511

건설산업기본법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the lower court on the Defendants (Defendant A: 6 months of imprisonment, 2 years of suspended execution, and 5 million won of fine) is too unreasonable.

2. The Defendants have shown the attitude of recognizing their mistakes and against themselves, and there is a favorable condition that the Defendants have no record of criminal punishment for the same kind of crime.

However, in this case, Defendant A paid a considerable fee and constructed a nearby living facilities, etc. of a considerable size by lending another person's construction business license. Defendant U is negligent in giving due attention and supervision to prevent such violation, which is the representative of Defendant A, and such crime is likely to cause serious social problems, such as defective construction works, etc., and the nature of the crime is not weak.

In light of the above circumstances favorable or unfavorable to the Defendants, and the age of Defendant A, sexual conduct, environment, and all other conditions of sentencing as indicated in the instant pleadings, the lower court’s punishment is too unreasonable because it is too unreasonable, and thus, the Defendants’ above assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.