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(영문) 서울동부지방법원 2014.02.13 2013노1108
건설산업기본법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,000) imposed by the court below on the defendant is too unreasonable.

2. The Defendant appears to have committed the instant crime in favor of the Defendant, and the Defendant appears to have closed down his/her business after the instant case, and the economic situation seems to be very high, and the Defendant has no record of heavy criminal punishment exceeding the previous fine, are favorable to the Defendant.

However, the crime of this case is committed in violation of the Framework Act on the Construction Industry that prohibits the act of subcontracting all of the contracted construction works to another constructor, and such act requires strict punishment in such a manner that it impedes the development of the construction industry and causes unexpected damages to the ordering person due to the possibility of undermining the development of the construction industry by causing the fraudulent construction work. In light of such circumstances, the court below also seems to have reduced the fine amount notified to the summary order (10,000 won) in consideration of the above circumstances. In addition, considering the above circumstances, the court below's sentencing is not unfair in light of the defendant's age, character and behavior, environment, circumstances and consequence of the crime of this case, including the criminal punishment for other crimes similar to the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, including the following circumstances.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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