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(영문) 수원지방법원 2017.07.06 2017노926

건설산업기본법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. As to the instant crime, the act of lending construction business registration certificate to others by a person other than a constructor, as seen in the instant case, need to be strict in that it may seriously threaten the lives and safety of citizens by entering into an defective construction by a qualified person.

The scale of the instant construction project is approximately KRW 1,500 square meters and was not smaller.

However, in full view of the fact that the Defendant recognized the entire mistake of the Defendant, the primary offender, and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, etc., the Prosecutor’s assertion is groundless since the lower court’s punishment is too unfasible and inappropriate.

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 appeal is without merit. It is so decided as per Disposition.