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(영문) 수원지방법원 2017.11.02 2017노4253
건설산업기본법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment of Defendant 2 (7 million won) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In the instant crime, the Defendant, other than a constructor, performed a multi-unit house with a total floor area of 5 square meters or more and a multi-unit house with a total floor area of 665 square meters or more with a certificate of construction business registration, and is an act of evading the legislative intent of the Framework Act on the Construction Industry for the proper execution of construction works and the sound development of the construction industry, and the content and scale of each construction work, etc., the liability for such crime is not easy.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects it, there is no record of the same crime, and there is no record of criminal punishment except for the punishment of fines once for the crime of this case.

In full view of the aforementioned overall circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive for committing an offense, and the circumstances after committing an offense, the lower court’s punishment is too heavy or light to be exceeded the scope of reasonable discretion.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure).

1. Article 96 Subparag. 3 and Article 21(1) of the Framework Act on the Construction Industry (a) of the same Act, Article 96 Subparag. 5 and Article 41(1)2 Subparag. 2(a) of the Framework Act on the Construction Industry (a violation of the restriction on a contractor of construction works) concerning criminal facts are as follows: (a) the former Framework Act on the Construction Industry (wholly amended by Act No. 14708, Mar. 21, 2017; hereinafter the same) and Article 96 Subparag. 3 and Article 21(1) (a) of the former Framework Act on the Construction Industry (wholly amended by Act No. 14708, Mar. 21, 201); and (b) the former Act.

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