logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.04.20 2017노63
건설산업기본법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant reflects the Defendant’s depth in committing the instant crime, the degree of his participation is not significant, the Defendant’s health status is not very good, and the Defendant is responsible for supporting his parents, etc., the sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. In light of the fact that the act of granting a license to a prosecutor is a highly harmful crime that is highly harmful to society, the crime of this case is committed during the period of repeated crime, and the nature of the crime is extremely poor in light of the period and frequency of the crime, the profit acquired by the defendant is considerable, and there has been a history of punishment for the defendant several times, etc., the punishment sentenced by the court below is too unreasonable.

2. Examining the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, crime records, and other factors favorable to or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the circumstances asserted by the Defendant and the Prosecutor, it is not determined that the lower court’s punishment against the Defendant is too heavy or is in excess of the reasonable scope of discretion, even in light of the circumstances asserted by the Defendant and the Prosecutor on grounds of appeal.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow