건설산업기본법위반
The judgment below
Defendant I, J, M,O, P, V, and W respectively.
Defendant
I, J,O, P, and V respectively.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants to each of the punishment (the punishment of Defendant I, J, P and VI: each of the imprisonment of 8 months; Defendant M: imprisonment of 10 months; Defendant R: imprisonment of 1 year; imprisonment of 8 months; suspension of execution of 2 years; community service work 120 hours; Defendant W: imprisonment of 1 year and February: Defendant X; imprisonment of 1 year and 1 year: 10 months; suspension of execution of 2 years; community service 160 hours) is too unreasonable.
2. Determination
A. Determination of Defendant I, J, M,O, P,V, and W’s assertion is an unfavorable circumstance against the Defendants, such as the following: (a) serious social injury is caused by the crime of lending the name of construction business, the registration of construction business due to any unlawful means, or the poor construction due to the construction business, and the crime of construction business; (b) the frequency of the crime is large; (c) DefendantO appears to have committed the instant crime during the period of repeated crime; (d) the same crime was committed; (e) once of fines; (e) twice of the suspension of the execution of imprisonment; (e) twice of the suspension of the sentence of imprisonment with labor; and (e) the fact that Defendant A had the records of being punished once by fines.
However, in full view of the circumstances favorable to the Defendants, such as the fact that the Defendants both recognize and oppose the crimes, Defendant J, M, andO did not have the history of punishment for the same kind of crime, Defendant V did not have the history of punishment for the same kind of crime since 2003, and Defendant I, in the case of Defendant I, the crime of this case should take into account the equity in the case of judgment along with the crime of fraud as stated in the judgment of the lower court, and other various circumstances that are the conditions of punishment as shown in the records and arguments of this case, such as the Defendants’ age, environment, sex behavior, motive for the crime, conditions before and after the crime, etc., it is recognized that the sentence imposed by the lower court against the Defendants is too unreasonable.
Therefore, the defendants' arguments are justified.
B. The Defendants are both aware of and against the Defendants’ assertion on Defendant R and X’s crime.