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(영문) 부산지방법원 2013.06.20 2013노817
소방시설공사업법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not subcontract the instant fire-fighting system installation to L and technology cooperation with L and J as to the instant fire-fighting system installation.

B. Unless otherwise, the sentencing of the lower court (a fine of three million won) is too unreasonable.

2. Determination

A. The defendant's grounds for appeal are examined ex officio before determining the grounds for appeal.

1) On March 26, 2009, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor at the Changwon District Court for the crime of false accusation, and on May 28, 2009, the above judgment became final and conclusive on May 28, 2009. Since the above crime and the crime of this case, for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence should be determined after examining whether to reduce or exempt punishment by taking into account the equity with the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, but the court below did not take such measures. In addition, the prosecutor did not take any of the following measures. In addition, the prosecutor changed the facts charged and changed the applicable provisions to the facts charged as stated below, and applied for the permission of modification to the Fire Fighting System Installation Business Act (amended by Act No. 10385, Jul. 23, 2010; hereinafter the same).

Therefore, the judgment of the court below is no longer maintained.

B. However, in full view of the evidence duly adopted and examined by the court below, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and the evidence duly adopted and examined by the court below, in particular, the prosecutor's statement of each suspect examination protocol against the defendant, J, and D, and the statement of the request to take measures against the company violating fire-fighting-related Acts and subordinate statutes (including advance payment of less than 149 pages and the statement of transfer of construction price to J and M's deposit account), the defendant's limited partnership I (hereinafter "I") whose representative member is the defendant as the defendant.

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