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(영문) 전주지방법원 2014.06.27 2014노255
국가기술자격법위반등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. Before the judgment on the grounds of appeal by the defendant, the court below examined ex officio prior to the judgment on the grounds of appeal by the defendant, and the court below rejected the annexed list of crimes (1) through (4), but it made it impossible to specify the crime by omitting the annexed list of crimes in whole. This is an unlawful act affecting the conclusion of the judgment. Thus, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of the list of crimes (1) through (4) omitted from the facts charged in the original judgment as shown in the attached Form, and therefore, it is identical to each corresponding column of the original judgment. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 26 (3) 1 of the National Technical Qualifications Act, Article 15 (2) of the National Technical Qualifications Act, Article 96 subparagraph 4 of the Framework Act on the Construction Industry, Article 29 (2) of the Framework Act on the Construction Industry, Article 96 subparagraph 4 of the same Act, Article 29 (3) of the Framework Act on the Construction Industry (hereafter collectively referred to as "subcontract for a construction project"), Articles 356 and 355 (1) of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, each of the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis.

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing below) is that the defendant led to confession and reflects the crime of this case, and that the defendant subcontracts or re-subcontracts only part of the contracted or contracted construction.

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