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(영문) 수원지방법원 2017.11.13 2017노3853
건설산업기본법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that each of the punishments (Defendant A, B, and C: each of the fines of KRW 8 million for the Defendants, Defendant D: fine of KRW 5 million for the Defendant: and Defendant E: fine of KRW 6 million) declared by the lower court against the Defendants is too unfasible.

2. The crime of this case in that the defendants constructed multi-family housing by lending the name of another person's construction business registration, and such crime is likely to cause serious social problems, such as poor construction, etc., and its nature is not weak.

However, on the other hand, the defendants are showing the attitude of recognizing and opposing their mistakes.

In addition, Defendant C and D have no record of criminal punishment, Defendant A and E have no record of criminal punishment, nor Defendant B has a record of criminal punishment more than suspension of qualification.

Considering the aforementioned circumstances and other favorable circumstances to the Defendants, the circumstances after the commission of the instant crime, the age of the Defendants, sexual conduct, environment, and all other conditions of sentencing as shown in the argument of the instant case, each sentence imposed by the lower court against the Defendants is too unfasible and unreasonable. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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