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(영문) 수원지방법원 2017.05.31 2016노8614
건설산업기본법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: each sentence of the lower court (a fine of KRW 7 million per fine) against the Defendants is too uneased and unreasonable.

2. In order to promote the proper execution of construction works and the sound development of the construction industry, the legislative purport of the Framework Act on the Construction Industry, which prohibits lending of name, and to prevent defective execution due to lending of name, it is necessary to impose strict punishment on the above crimes.

However, comprehensively taking account of the fact that the Defendants were the first offender and the mistake, and the circumstances behind the instant crime, the circumstances following the instant crime, the age of the Defendants, sexual conduct, and environment, etc., the lower court’s respective punishment against the Defendants is too unfasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal 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 (Article 364(4) of the same Act. However, the construction work for constructing multi-family housing with a total floor area of not more than 661m2 in the 3 2th page of the lower judgment should be done by the constructor.

Since it is apparent that it is a clerical error in the statement, the ex officio correction is made in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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