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(영문) 수원지방법원 2016.01.15 2015노4315
입찰방해
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to four months of imprisonment) is too unreasonable.

2. The lower court ex officio determined that the Defendant was deemed to have led to the confession of the facts charged in the instant case, and determined and notified that the Defendant would be tried through a simplified trial procedure, and completed the examination of evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, and determined that all the evidence presented pursuant to Article 318-3 of the said Act is admissible, and found guilty of the facts charged in the instant case based on

However, according to the records, the defendant can be acknowledged as having stated at the first trial date of the court below to the effect that "it is acknowledged the facts charged, but the defendant was unaware of the fact charged that the act constitutes a crime." This is difficult to view that the defendant made a confession of all the facts charged in the court, and it is remarkably unfair to judge in a simple trial.

Therefore, this case does not fall under a case where a judgment can be made according to a simplified trial, and for the same reason, the order of the court below that decided to be tried by a simple trial pursuant to Article 286-3 of the Criminal Procedure Act on the date of the second trial on the same ground is revoked, and the part of the judgment of the court below against the defendant cannot be maintained any more.

3. If so, the part of the judgment of the court below against the defendant is reversed on the ground that there is a ground for reversal of the above authority among the judgment below. Thus, without examining the defendant's unfair argument of sentencing, the part against the defendant among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed and the judgment below is

Punishment of the crime

Where an electronic bid for the supply of food materials through the "School Meal Electronic Procurement System" is submitted by the head of the Public Procurement Service and the head of the country operated and operated by the Gyeonggi-do Office of Education, no bid shall be conducted by lending the name of another business entity, or the same public announcement shall be conducted in duplicate.

The defendant is in female liquor L.

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