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(영문) 대법원 2015.09.24 2015도8377
건설산업기본법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, B, F, H, J, K, L, N, N, V, and Z, there is an error of misconception of facts or incomplete deliberation, omission of judgment, or misapprehension of legal principles as to the conditions of sentencing in the judgment below.

The argument that the lower court’s determination of sentencing erred by violating the principle of balanced criminal punishment and the principle of responsibility, the principle of minimum infringement, the principle of equality, and the principle of excessive prohibition, etc. constitutes an allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed against the Defendants, the assertion that the sentencing of punishment is unreasonable

2. According to the records as to the grounds of appeal by Defendant C, D, G, I, M, U, and AA, the Defendants appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendants did not consider it as the ground for appeal or that the court below did

Furthermore, the court below did not err in the misapprehension of legal principles as to the limitation period of prescription, restriction on competition of unfair collaborative acts, interpretation and application of the Framework Act on the Construction Industry, application of joint penal provisions, application of the principle of self-responsibility, omission of judgment, incomplete hearing, violation of the principle of no punishment without

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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