건설산업기본법위반
All appeals by the Defendants are dismissed.
1. It is a practice in which the trade name of an enterprise which has a comprehensive construction license for the gist of the grounds for appeal is leased, or where the construction work is to be conducted in common with such an enterprise is publicly available;
Defendant
A is the next lowest income bracket under the National Basic Living Security Act, and Defendant B is in an economically difficult environment due to the recent individual rehabilitation procedure.
In the first instance trial, part of the plaintiff's winning judgment was passed.
In full view of these circumstances, the punishment imposed by the court below (a fine of three million won) is too unreasonable.
2. Examining the Defendants’ age, character and behavior, career, family relationship, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, etc. and the reasons for sentencing of the lower judgment in light of the various circumstances asserted by the Defendants as the grounds for appeal, the lower court’s punishment is too unreasonable, even if it is considered that the Defendants were to be the grounds for appeal.
3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.