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(영문) 대구지방법원 2016.09.30 2016노2863
건설산업기본법위반
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (Defendant A: a fine of 5 million won, Defendant B: a fine of 3 million won) declared by the court below against the Defendants is too uneased.

2. The instant crime cannot be seen as a crime that gives and receives money and valuables in return for an illegal solicitation for a contract for construction work, in that the crime of violating the Framework Act on the Construction Industry interferes with the settlement of a sound and transparent construction culture and thereby causes the risk of causing fraudulent construction work.

However, the Defendants recognized the instant crime and divided the mistake in depth, and again, did not commit such a crime.

Defendant

A does not appear to have spent money and valuables received individually, but has no record of criminal punishment.

Defendant

B answers the practice of the wrong industry, and it seems that the crime of this case was caused, and there is no record of punishment exceeding the fine.

In addition, in full view of other circumstances that are conditions for sentencing, such as the Defendants’ age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. The appeal against the Defendants by the prosecutor of the conclusion 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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