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(영문) 인천지방법원 2017.08.18 2017노1138
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The order of community service of 160 hours out of the punishment sentenced by the lower court is too unreasonable.

2. The judgment of the court below is that the crime of this case where the defendant illegally subcontracted the following construction work of local government through the lending of name and illegally executed the leading construction work of local government, unlike the construction specifications, by mixing the general paints with the construction work, and acquired the amount equivalent to the construction cost, is not appropriate in light of the risk to public safety, but the crime of this case is not appropriate in light of the quality of the crime. However, the problem of the construction structure of the defendant's fraudulent construction work like this case has a significant impact on the defendant's fraudulent construction work. Under this circumstance, it is not inconsistent with the equity that only the defendant who is a small sewage level without severe punishment on the construction slaber, etc., the profits of the defendant from the crime of this case (or equivalent to KRW 41 million) seems to be considerably less than the amount obtained by the defendant (or KRW 76,600,000,000). It is considered that there is no criminal conviction for the defendant, and that the defendant's child is imprisonment with prison labor and a community order were sentenced.

The defendant asserts that it is unfair for the court below to order the defendant to provide community service for 160 hours since he/she is unable to maintain his/her family's livelihood as well as treatment of children who live in rare diseases if he/she does not pay money. However, the circumstances asserted by the defendant were considered in the court below.

In addition, the defendant's assertion that the community service order of this case in this case is unfair on the grounds of the defendant's circumstances can be determined in a flexible manner by considering the defendant's conditions at the execution stage, as well as the specific methods and timing of community service service, the protection observation office under its jurisdiction can be determined in a flexible manner.

In addition, community service order is a treatment within society and its purpose is to promote the defendant's sound rehabilitation to society.

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