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(영문) 수원지방법원 2017.08.09 2017노1770
건설산업기본법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Lending the name of registration of construction business is in need of strict punishment for the risk of causing serious social problems, such as fraudulent construction.

However, in full view of the following facts: (a) the Defendant’s mistake against the Defendant; (b) there was no criminal conviction or fine exceeding the same criminal record or fine; and (c) the circumstances following the instant crime; and (d) the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, given that the lower court’s punishment is too uneasible and unreasonable.

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

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