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(영문) 제주지방법원 2017.09.14 2017노239
건설산업기본법위반
Text

The Defendants’ appeal is dismissed.

Reasons

1. The sentence of the lower court (for Defendant A: six months of imprisonment; two years of suspended sentence; and for Defendant B: fine of ten million won) is too unreasonable.

2. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, requires respect for sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendants appear to have committed each of the instant crimes, and the Defendants appeared to have an attitude against each of the instant crimes, and there seems to be no benefit acquired by the Defendants from each of the instant crimes, and there was no record of criminal punishment exceeding the fine. Meanwhile, the lower court appears to have determined the Defendants, taking into account the foregoing circumstances, and there was no change of circumstances to take into account the sentencing after the sentence was sentenced, and each of the instant crimes was committed in violation of the Framework Act to prevent the deterioration of the construction industry due to the act of impeding the proper execution of construction works and the sound development of the construction industry, and thus, does not appear to be reasonable in light of the circumstances, motive and scope of each of the instant crimes.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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