건설산업기본법위반
The prosecutor's appeal is dismissed.
1. The sentence (10 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unfased and unreasonable.
2. The facts that the building constructed as a result of the instant crime are 7 stories above ground, total floor area of 3,607.78 square meters, construction cost of KRW 2.3 billion, and that there was a record of being sentenced to a fine due to a violation of the Building Act around 2011 are disadvantageous to the Defendant.
On the other hand, the following facts are favorable.
There is no record of being sentenced to more severe punishment than a fine.
Since this case, G Co., Ltd. registered for construction business was appointed as management director.
In other words, it would not repeat the crime again after misunderstanding the error.
There are many things.
The court below sentenced a fine of KRW 10 million in consideration of the circumstances favorable to the defendant and favorable to the defendant and the recommended punishment by the Sentencing Committee.
When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.
Therefore, prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.