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(영문) 대법원 2019.06.13 2019도2576
건설산업기본법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the instant facts charged constitute a crime on the violation of the Framework Act on the Construction Industry due to the arrangement of lending construction registration certificates, on the grounds as indicated in its reasoning

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine on the establishment of a crime of violating the Framework Act on the Construction Industry under Article 96 subparagraph 3 of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014).

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not indicate in the petition of appeal or the appellate brief the grounds of objection against the conviction.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of violating the Framework Act on the Construction Industry due to a construction contractor’s violation among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

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

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